Divorce can be a difficult and emotional process, but what if you want to keep some details secret? Avoiding discovery in divorce can be essential for protecting your privacy and securing a fair outcome, whether it concerns financial assets or personal transgressions.
This article will discuss several techniques for maintaining a low profile while going through a divorce so you may go through this trying time more confidently and easily. So read on to find out how to prevent discovery in divorce if you want to keep some material private.
How To Avoid Discovery In Divorce?
Trying to conceal assets or facts during a divorce procedure could be tempting, but doing so is unethical and against the law. Therefore, it’s crucial to be open and truthful throughout the divorce process, and to cooperate with a capable lawyer to safeguard your interests while remaining within the body of the law. In a divorce lawsuit, you can prevent discovery in the following ways:
1. Concealing Assets
Asset concealment is one of the most popular strategies employed in divorce cases to prevent discovery. This can involve hiding assets during the divorce process, giving assets to family members or friends, opening offshore accounts or shell companies, or any combination of these. However, concealing assets is against the law and unethical, and if it is found out, it can result in harsh punishments, such as criminal charges and substantial financial losses.
2. False Testimony
Lying under oath is another strategy to avoid discovery in a divorce lawsuit. This may involve giving incorrect information on earnings, costs, or assets, or even denying the existence of some assets. But, it’s also against the law to lie while under oath, and doing so could result in perjury charges as well as harm to your credibility and reputation.
3. Eliminating Evidence
Another method of avoiding discovery is to destroy any evidence that might be relevant to your divorce case. This includes both physically destroying documents and erasing emails, texts, and other forms of electronic communication. Nonetheless, it is unlawful to delete evidence, and doing so can have substantial legal repercussions, such as penalties and fines.
Also Check: Annulment Vs Divorce
Discovery Process In Divorce
The discovery phase of the divorce procedure is crucial. It is a formal procedure that enables both parties to learn more about one another in order to get ready for court or settlement talks. Depositions, written requests for information and documents, and other methods of acquiring evidence are frequently used in the discovery process.
The exchange of formal written information requests, such as interrogatories and requests for the production of documents, usually marks the beginning of the discovery procedure. Whereas petitions for the production of documents only call for the production of papers pertinent to the case, interrogatories are written questions that must be replied under oath.
Depositions are also utilised frequently in the discovery phase. A deposition is a formal hearing in which the attorney for one party interviews the opposing party or witnesses while both parties are sworn in front of a court reporter. Depositions can be utilised to learn more about the other party’s testimony and to receive a preview of the witness’s demeanour in front of the jury.
Requests for admission, which ask the opposing party to confirm or deny a set of facts, and subpoenas, which are used to compel the production of information from third parties, are two further techniques of discovery. The evidence that will be used in court or during settlement negotiations will be clearer to the parties when the discovery process is done.
Divorce Discovery Checklist
The discovery process is one of the most significant phases of a divorce. It is essential for securing a just and equitable result that the two parties exchange information and documents in a formal manner. Having a divorce discovery checklist is crucial to making sure nothing is missed.
This checklist should include all necessary documents and information that you will be required to supply, as well as a list of documents and information that you will be required to obtain from your spouse. Bank accounts, tax records, property deeds, and any premarital or postnuptial agreements are some important materials to put on your checklist.
You may assure a more effective discovery process and, eventually, a better result in your divorce by adopting a methodical approach and keeping track of all the relevant material.
Related Article: How To File For Divorce In Texas?
Is discovery worth it in a divorce?
Discovery can be worth it depending on the particulars of the divorce case. While discovery can be helpful in gathering crucial data and proof, it can also be time-consuming and expensive.
How far back can discovery go?
The laws of the specific jurisdiction determine how far back discovery can go in a divorce case. Yet, in general, discovery might include a variety of time periods, including actions taken before the divorce petition was filed.
What are the most common discovery techniques?
Requests for the production of documents, interrogatories, depositions, and requests for admission are some of the most popular discovery strategies used in divorce proceedings. These methods make it possible for both parties to gather data and proof pertinent to the case.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.