Discovery Tools Used in PA Divorce
Discovery is the legal process of exchanging important information during Pennsylvania divorce proceedings. Any information relevant to your PA divorce that may be admissible at trial is subject to discovery. This can include personal financial information, such as salary, assets, debts, life insurance policies and property ownership.
Discovery allows your divorce lawyer to gauge the strengths and weaknesses of your case. Information obtained through discovery for a PA divorce may be used for a variety of purposes: to assist with settlement decisions; to divide property fairly; to accurately calculate child support, spousal support or alimony; and to prepare for trial.
Commonly Used Discovery Tools for PA Divorce
In many Pennsylvania family law cases, if there is enough cooperation between the parties and their divorce attorneys, formal discovery may not be necessary. Informal discovery typically occurs by way of letters and in-person meetings. Formal discovery can be costly, so it works to your financial advantage if you can avoid it. Sometimes, however, a spouse will not freely provide requested information, and formal discovery becomes necessary. Common tools utilized in discovery for PA divorce proceedings include interrogatories, requests for production of documents and depositions.
Interrogatories
In a Pennsylvania divorce, one of the most commonly used tools in discovery is the use of interrogatories. Interrogatories are formal written questions that must be answered under oath, in writing, and within a specified time frame, usually determined by state law. Interrogatories are a relatively inexpensive tool for your lawyer to gain information about your case. For a PA divorce, interrogatories are typically a standardized set of form questions relating to income, property ownership, assets and debts.
Interrogatories can be lengthy and may include questions pertaining to events that occurred before, during and after the official end of your marriage. If a response is not received within the allotted time frame, your attorney can obtain a court order compelling the responses.
Requests for Production of Documents
Another method used in the formal discovery process for a PA divorce is called a Request for Production of Documents. This is a formal written request for one spouse to produce any and all documents relating to your divorce and its related issues, including your children, marital property, your marital residence, etc. Documents requested can include, but are not limited to bank statements, receipts, tax returns and paycheck stubs.
Similar to interrogatories, requests for production of documents specify a time limit. If there is no response, the requesting party’s divorce lawyer can obtain a court order compelling the production. This leads to increased costs and delays in the PA divorce process.
Depositions
A deposition is sworn testimony taken under oath prior to trial. The subject of a deposition is placed under oath to tell the truth, and the lawyers for each side may ask questions. This usually takes place in a lawyer’s office and can take several hours to several days, depending on the circumstances.
Depositions are held in the presence of a court reporter who transcribes everything that is said to later produce a word-for-word written record of the testimony. Testimony given during a deposition may be used as evidence at trial, either to establish facts or to challenge the credibility of a witness if his or her testimony conflicts with prior sworn statements.
Depositions can be extremely useful; however, they can also be very expensive, so divorce lawyers typically reserve this tool for use as a last resort.
More Divorce and Family Law Information
For more information and resources regarding Pennsylvania divorce and other family law matters, please consult our PA Family Law practice area page.
Jason Martin, Esq. is an experienced PA family law attorney who assists clients seeking divorce, child custody, child support, spousal support and alimony in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia County. Contact The Martin Law Firm for a no-obligation, confidential consultation.