What happens in the discovery phase of a divorce?
What is the discovery phase of a divorce? By definition, discovery is part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side. Discovery can include interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas.
What does Discovery mean in a divorce case?
Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.
What happens in discovery phase?
During the discovery phase, both parties learn what the other knows about the evidence by asking for certain documents, asking for answers to interrogatories, and taking depositions of witnesses who are under oath.
What is the next step after discovery?
After discovery has concluded, if the case does not settle and is not resolved by a motion for summary disposition or judgment, the case will go to trial. Trial requires extensive preparation on the part of attorneys. In a jury trial, the jury is the fact-finder; in a bench trial, the judge decides the facts.
What documents are considered Discovery?
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and …
What is the penalty for lying to a judge?
A person convicted of perjury under federal law may face up to five years in prison and fines. The punishment for perjury under state law varies from state to state, but perjury is a felony and carries a possible prison sentence of at least one year, plus fines and probation.
Do judges see through lies?
Judges are only human. The judge will do his or her best to determine who is telling the truth, but the judge doesn’t know either of you very well. The judge may conclude that your ex is lying and, if so, this will certainly affect how the judge rules in the…
How do I show my ex is lying about income?
How can you get evidence of unreported income? 1. Forensic accounting can often uncover hidden income. Your attorney may be able to subpoena your ex-spouse’s tax returns, credit card records, bank statements and other financial records to prove that his or her expenses exceed the amount of income he or she is claiming.
What if the custodial parent lies about her income?
California state law takes financial disclosure in family law seriously. If you can prove your ex lied about his or her income and financial situation to avoid paying alimony or child support, you may have a case against him or her for breach of fiduciary duty.
Do I have to show my ex wife my tax return?
You must file a separate tax return from your spouse to claim head of household filing status.
How do I find out if my ex is working?
Call the local domestic relations office, if you have a child custody and support arrangement. Domestic relations should have his last record of employment and can let you know if he is still at the listed job. Call his family or friends, if you have a positive relationship with them.
How do I prove non custodial parent income?
You can ask the judge to order the other parent to bring proof of his or her income to court. Proof might include pay stubs, W-2 forms, or tax returns….
- You are still entitled to visit your child according to the court order.
- You must continue to pay what the court ordered until the court changes its order.
What if the non custodial parent doesn’t work?
If the court finds the parent is unwilling to work or be fully employed, the court will impute (or attribute) income to the parent as long as it is consistent with the best interests of the children who are subject to the child support award.
What happens if a dad doesn’t pay child support?
As mentioned, if that parent still fails to pay, the court can hold him or her in contempt of court (for failing to follow a court order) and impose a jail term. Regardless of what consequences are imposed, the fact is that you do have options if your ex doesn’t pay child support.
How do I know if my ex is working?
Can I sue my ex for lying in court?
Confidentiality Under Oath In general, witnesses testifying under oath are immune from liability for civil damages. But that immunity protects someone testifying only under oath. If your ex-spouse told lies when she was not under oath, they are not immune from civil liability and you can sue them for those lies.