What is the Discovery Process in a New Jersey Divorce Case?

A New Jersey divorce case can prove to be a procedurally complex process. The intricacies associated with the New Jersey marriage dissolution process underscores the need for professional legal representation when you face the prospect of pursuing or responding to a New Jersey divorce case.

One of the complexities of the process associated with judicially ending a New Jersey divorce is found in what is known as the discovery process. Technically speaking, the discovery process in divorce proceedings is defined as:

The part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side. The goal of discovery is to make sure that both sides have the same information that will allow you to better negotiate a fair agreement as part of your final settlement. (American Bar Association)

Initial Disclosures

A major element of the discovery process in a New Jersey divorce case is exchanging essential information about assets, debts, and income under oath at the commencement of proceedings.

Interrogatories

Interrogatories are written questions, also under oath. Interrogatories are exchanged between both parties to a divorce proceeding during a New Jersey marriage dissolution proceeding.

Requests for Production of Documents

Formal requests for specific documents related to issues in a divorce case can be made during the proceedings. There are time, nature, and quantity limitations placed on requests for production of documents during the course of New Jersey divorce proceedings.

Depositions

In some divorce proceedings, depositions are conducted. Depositions are oral testimony made under oath, usually recorded by a court reporter. Testimony at depositions can be used in hearings or at divorce trials during divorce proceedings.

Subpoenas

It is possible to obtain subpoenas in a New Jersey divorce case. These are legal orders from the court to produce documents or command a witness to appear to testify in the proceedings, in a hearing or at a trial. Subpoenas are requested to a judge by a party to a divorce proceeding who is seeking documents or other materials as well as to compel a witness to appear in court to testify or be questioned.

Financial Affidavits

Sworn statements detailing each party’s financial situation are required at the commencement of New Jersey marriage dissolution proceedings.

Property Valuations

These are divorce cases in which it is necessary to obtain proper valuations. These are assessments of the value of major assets like homes or businesses.

Electronic Discovery

Digital information can be a crucial part of New Jersey marriage dissolution proceedings. This can involve the gathering as well as analysis of digital information, including emails and social media.

Mental Health Evaluations

In cases involving child custody, assessments of the parents’ mental health may come into play. This may require formal mental health evaluations. There can be other instances in which mental health evaluations are sought or required in divorce proceedings.

Lifestyle Analysis

The discovery process in New Jersey divorce proceedings can include an examination of such matters as the spending habits of the parties.

Expert Witness Reports and Testimony

Finally, when it comes to the New Jersey divorce case discovery process, expert witness reports can prove to be a significant element of such a case. In general terms, expert witness reports (and the associated testimony which may occur during marriage dissolution proceedings is described as detailed findings from professionals in various fields relevant to the judicial dissolution of a New Jersey marriage. Some of the most commonplace area in which expert witness testimony and reports are found as part of the divorce proceeding discovery process include:

• Finance
• Child custody and parenting time
• Psychologists addressing the mental fitness of a party (or parties)
• Other areas in which seasoned professionals can provide evidence and insights in regard to a New Jersey judicial proceeding in which a marriage is headed towards legal termination

In summary, understanding the discovery process can aid you in making wiser decisions during the course of your own New Jersey marriage dissolution case. Moreover, due to the inherent challenges of the discovery process, your crucial legal rights are best protected and pursued when you retain the services of an experienced New Jersey divorce attorney or law firm. If you have questions concerning the discovery process in a divorce, call the Law Offices of Peter Van Aulen at 201-845-7400 for a free consultation.