The Importance of Thorough Discovery in Divorce Cases

Discovery is the process by which one party to a family law-related case learns about the assets, finances or debt of the other.  Retaining an attorney who has a strong knowledge of discovery tools is imperative.  Whether you are getting divorced or modifying your current order, the equitable distribution of a marital estate, child support and alimony are all best determined once an accurate financial picture of each party is painted.

            Too often in family law, individuals attempt to hide assets in an effort to minimize their financial obligation or prevent a soon-to-be ex spouse from sharing the benefit of an asset.  This practice is not only dishonest and frowned upon by the Court, it is a violation of the Court Rules regarding full disclosure. 

            Recently, our firm handled a case where the Judge, based on through discovery of the earning capacity and prior salary of an individual who was grossly underemployed, attributed income based on the earnings of the prior year.  We have also been successful in pursing support from individuals who purposely remain unemployed in an effort to minimize their support obligations.

            Given today’s difficult economy where every dollar counts, the importance of thorough investigation and discovery of income and assets in family law matters cannot be overstated.  If you are involved in a family law matter and you suspect that your former partner is withholding details regarding assets or finances, contact us for a no obligation consultation.  We can help.