Robinson, Kriger & McCallum, Attorneys at Law

What is discovery?

Published: 06/20/2017 
By: RKM 
It’s surprising in divorces how often spouses don’t know about the full financial situation of their mates. Discovery during litigation is a way to obtain that information.
The exchanging of information about each other in a divorce – or any other type of law suit – is called discovery. The choice of engaging in discovery is typically voluntary, but in most instances, it’s a good idea to get basic information about the other party and discovery is how that is done. 
During divorces in Maine, courts often require that the parties exchange some basic information with each other. This information is usually financial so that both parties – and the court – are aware of the income, assets, debts, available insurance and expenses of the both parties. This financial material is crucial in determining (if applicable) child support, spousal support and the ultimate division of assets and debts when the parties are divorced.
The most common types of discovery are interrogatories – which are written questions sent to the other party to answer in writing and under oath; and requests for production of documents – which are requests to obtain copies of certain documents held by the other party. These requests for documents might include things like obtaining copies of tax returns, deeds, insurance policies, and bank or credit card statements. Depending on the type of case, other types of discovery are also available.
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