Divorce is a difficult decision. It can be tough enough to make the final call, but then there are all of the steps that must happen before a trial can take place. The process can seem intimidating and confusing at first glance, but it’s not as complicated as it looks once you know what to expect. During divorce litigation, your divorce lawyer will be one of your closest allies.
Once the divorce process has started, you may find yourselves unable to agree on all points of the divorce documents. There may be things you cannot settle between the two of you or with the help of your attorney. In these cases, the remaining matters go to trial. Before trial, several things happen.
Discovery requests are a way for each party in a lawsuit to obtain information from their spouse or former spouse about any matter related to property division, assets, business alignments, financial issues, potential dangerous dealings, and evidence to prove a position one way or another. These requests will come in a formal request and will be served to all relevant parties. You will have to work with your attorney to provide all the information the documents are requesting. These requests may be pushed back through court if they are deemed excessive or unreasonable.
Throughout the entire proceedings, there will be a lot of documents. You’ll need to make sure you have all the documents requested of you before you need to provide them. Your lawyer will let you know which sets of documents you need. It will be beneficial for you to come up with an organizational system at home for your papers. You’ll want to keep track of the copies of your court case information provided to you, documents that are served, discovery requests, receipts, email correspondence, and supporting documents like tax returns.
A deposition is a formally designated time to ask questions and obtain answers between two parties of a lawsuit to elicit information for use at trial that is more effective than oral testimony. A person being deposed will be asked questions by one party and then given time to confer with their lawyer before answering each question in writing or on videotape. The lawyer will ask follow-up questions to clarify anything the person may not understand or drill down on specific areas of concern. You must answer truthfully the questions being asked. Anything less could result in perjury charges or other consequences, so it’s best to know what you are willing to say before committing it to paper.
The deposition will take place at a location designated by your attorney and within the time frame that has been agreed upon by all parties. You will be able to leave when you finish or ask for a recess if needed. The time it takes depends on the attorneys involved and how many questions there are. Your lawyer is responsible for keeping track of your deposition transcripts, discovery requests, and other pertinent information.
During all of the back and forth processes, it’s crucial not to miss deadlines. Show up on time when and where you’ll need to be, and if you cannot, then tell your attorney quickly. The court is not pleased when deadlines are missed, and in some situations, missing deadlines can have serious consequences. Throughout it all, your attorney will be vital to navigating it all.