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Discovery and Divorce

Both spouses in a Georgia divorce must disclose all of their financial information to each other, usually in the form of a financial affidavit that each must complete. In a divorce, there is basically no property or debt issue that is off-limits. All accounts, items of property, debts, and other assets must be fully disclosed and documented to the other spouse.

Parties to a divorce also are likely to use other traditional litigation discovery tools. These may include the following:

  • Interrogatories – written questions that a spouse must complete
  • Requests for production of documents – a list of documents that a spouse must produce to the other spouse
  • Requests for admissions – statements of fact that a spouse must admit or deny
  • Depositions – one spouse answers questions from both attorneys while under oath
  • Non-party requests for production of documents – requests for documents from someone other than a spouse, such as a police department, telephone company, or bank

You must cooperate with all discovery requests from your spouse’s attorney. The information requested must be relevant to your divorce, but most information will be deemed relevant, particularly if you are engaged in contested child custody and visitation proceedings. In those types of divorce cases, not just financial information of the parties is relevant, but also information about your health, both physical and mental, parenting abilities, income, and living situation.

The more complex your divorce case, the more extensive and time-consuming the discovery process will be. For instance, where the parties own significant assets, such as a family business, retirement plans, or stock options, financial experts may be necessary to analyze the assets for valuation purposes. Likewise, if the parties are engaged in a custody battle, experts such as psychologists and child custody evaluators may be necessary to interview and administer psychological tests to the parties and children in order to make custody and visitation recommendations to the court.

Contact the Shaw Law Firm, LLC, to arrange a consultation to discuss all issues related to your Georgia divorce. Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.