How far back does Discovery go in a divorce?
Table of Contents
How far back does Discovery go in a divorce?
three years
What happens in divorce discovery?
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.
Should I tell my divorce lawyer everything?
Full disclosure isn’t always in your best interest, but when it comes to discussing your divorce case with your attorney, you should always tell the complete truth. The issues of your divorce are personal, and you may feel the need to protect your privacy.
Do I have to answer interrogatories in a divorce?
You must respond to all questions in the Marital Interrogatories, Custody Interrogatories, or Parental Allocation Interrogatories, unless we discuss a specific objection or narrowing of the scope with you.
What happens if interrogatories are not answered?
Motions to Compel – If a party doesn’t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.
What is the purpose of interrogatories for a divorce?
Interrogatories are part of the discovery process of divorce. They allow you and your soon-to-be/already ex spouse to ask questions that must be responded to in writing under oath. These answer are then used to determine facts in the case, as well as to question each side if/when the case goes to trial.
What happens if you dont answer discovery?
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.