During a typical divorce case, the parties are often required to provide testimony and other evidence through some form of discovery. Discovery enables the parties to obtain information about their separate and community assets and debts, among other vital information. As with most aspects of a divorce proceeding, California law governs the parties’ participation in discovery. Because evidence in a family law matter can play such an integral role in the outcome of the proceedings, it is important to understand how the discovery process works in California, and how it applies to your case. For help sorting through the intricacies of your divorce, you are encouraged to contact an experienced family lawyer from the local San Diego area.
A recent California court case illustrates how the use of discovery in a divorce proceeding can become quite tedious. Here, the parties were married for 13 years, were partners in a dental practice, and had no children. In 2013, husband filed for divorce. The couple amicably agreed that husband would buy out all of wife’s shares in the practice for $400,000. From this point forward, the proceedings took a negative turn. Husband’s counsel sought to engage in discovery with wife via her counsel, by sending interrogatories (questions) and a demand for the production of documents.