Discovery process: does my lawyer request docs from STBX?

upvotersfortruth · 2024-03-04T09:20:34+00:00

The main source of discovery in divorces are the financial affidavits and supporting documents. There will also be "Standard Interrogatories" which are a bunch of questions which may or may not be relevant to your case and sometimes additional "Interrogatories" which explore specific issues. Finally, in contested cases there can be more involved discovery (business valuation being a big one) and depositions (where the lawyers sit each of you down for an unfun interrogation - well fun if it's her being interrogated).

In most jurisdictions, the financial affidavits are "automatic" and "mandatory". Other discovery is done by request.

If she just served you, then the clock is probably ticking for her to submit her financial affidavit and you have some more time but practically - the exchanges occur simultaneously so you can't look at each others before you prepare your own. Usually, you'll file your answer and counterpetition (if you want to lock her into the divorce) before the discovery begins.

You should not be submitting documents or otherwise communicating directly with her lawyer. You should communicate with your lawyer.

Throwawaysi1234 · 2024-03-04T04:36:21+00:00

It would depend what documents you're looking at.

With bank account and retirement accounts it's pretty easy to tell when times match up.

If you have really good grounds for suspecting that the documents are fraudulent or altered, you can subpoena the institutions themselves for it. But be advised you're talking like 3k per subpoena.

Ptsdveterannavy · 2024-03-04T02:16:01+00:00

If you have a lawyer, they should be the ones submitting discovery documents as well as yours should request same said discovery. If you're communicating with your ex or her attorney, you need to stop.

Title	Discovery process: does my lawyer request docs from STBX?
Author	pikohina
Upvotes	4
Comments	9
Date	March 4, 2024 2:02 AM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1b5yynd/discovery_process_does_my_lawyer_request_docs/
Archive Link	https://theredarchive.com/r/Divorce_Men/discovery-process-does-my-lawyer-request-docs-from.1247012 https://theredarchive.com/post/1247012

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