What is the role of discovery in family law? Divorce and child custody can be a challenging and emotionally charged process. Understanding the legal procedures involved is crucial for a smoother resolution. One essential phase in a divorce or custody case is the discovery process. Below we’ll delve into divorce discovery procedure in Oklahoma, helping shed light on its significance and the key steps in it.
What is the Discovery Process?
The discovery process in family law including divorce and child custody is to uncover relevant information and evidence that will be used in your divorce case. It helps both parties gain a comprehensive understanding of the facts, assets, and liabilities in the case. This ultimately aids in the negotiation or litigation of your case. The documents are sent between the parties attorneys usually, and are almost never entered into the court system here in Oklahoma. This is due to the sensitive nature of the information, especially when it involves minor children. This means it is the job of the lawyers on both sides to maintain the documents in office, and use them to form a resolution when the time comes for negotiations.
Key Methods of Discovery
Interrogatories:
- These include questions to the opposing party, who must respond truthfully and under oath. This method helps clarify any issues as well as gather information about the other party’s stance on various matters. Information can pertain to income, any assets or debts, or ask for specific details regarding any custody issues if you have minor children. There is a 30 question limitation for these requests.
Requests for Production of Documents:
- These include requests for specific documents, such as financial records, property deeds, and other relevant paperwork. This allows both parties to access crucial information to support their claims. Most of these will include taxes, bank statements, or any other tangible financial paperwork. There is a 30 question limitation for these requests.
Requests for Admissions:
- These are statements that the other party must either admit to or deny. This can streamline the process by narrowing down the issues that are genuinely in dispute. These questions are often very direct, and can contain sensitive subjects. There is often a 30 question limitation for these requests.
Timeline of Discovery In Family Law
The discovery process typically follows a timeline set by state statutes. In Oklahoma, parties are given 30 days from the receipt of the discovery requests to complete and return to the issuing party. If the discovery requests are not returned in the required timeframe, the issuing party can file a Motion to Compel. This document causes the court to rule on the matter. Often this results in the delinquent party facing more court fees in the end. For this reason, it is crucial to be timely in submitting your responses back.
The Importance of Discovery
- Equitable Distribution: Discovery is crucial for ensuring fair marital assets and debt distribution between the parties.
- Child Custody and Support: Information gathered during discovery can play a pivotal role in determining child custody arrangements and child support obligations.
- Spousal Support (Alimony): Discovery helps establish the financial needs of each party. This influences the final decisions regarding spousal support.
Call a Tulsa County Family Law Attorney Today
Navigating the divorce and child custody discovery process in Oklahoma requires a strategic and well-informed approach. Essentially, Both parties benefit from a transparent exchange of information, which fosters a more efficient and fair resolution. If you are going through a sole or joint custody case or a divorce, consulting with one of our experienced family law attorneys today. We can provide the guidance needed to navigate the discovery process successfully. Remember, knowledge is always key. Understanding these procedures is a crucial step toward achieving a favorable outcome in your divorce case. Get a Free consultation with family law lawyers at Tulsa Divorce Attorneys and Associates at 539-302-0303 or click here to ask a legal question