The decision to divorce is one of the most difficult choices you will ever have to make. Along with the emotional burden, there are many intricacies involved with family law in Atlanta, GA that make it tough to understand where to begin. But know that you do not have to face this battle alone. The top family law attorneys at Daniele Johnson & Associates can guide you through this process to help you protect what matters most to you.
When working with one of our top family law attorneys, you will learn that divorce begins with the discovery phase.
What is the Discovery Phase of Divorce?
The discovery phase of divorce is the process of each party gathering information, documents and evidence to build their case. The tenants of family law in Atlanta, GA mandate that this be complete before claims can be given to a judge. This ensures that the information presented by both sides during the proceedings match up with one another. In some instances, this information can help both parties determine if settlement is a viable option for the case.
Since every divorce proceeding is unique, your top family law attorney can help you understand which methods of discovery will work best for your individual circumstances.
The Types of Discovery
There are many different methods in which you can collect evidence for your divorce proceedings. Based on your specific situation, your top family law attorney will likely recommend one of the following methods.
- Family law in Atlanta, GA dictates that you must disclose any and all evidence and witness statements you plan on presenting during your case. Once this information is gathered, your attorney will submit a list of these items to be reviewed by the opposition. Upon the receipt of this list, the opposing party is required to review and respond within a thirty day period.
- These are requests for information that your attorney will submit to the opposing party. The opposition will then have thirty days to provide written responses that must be answered under oath. These answers will help your attorney decide which facts can be used in the case if it goes to trial.
- Requests for Admissions. This is a tool that is used to acquire information about the opposing party. It involves the submission of a list of facts that must be confirmed or denied by the opposition. It can also determine if certain facts should be admitted or omitted in the filing.
- Requests for Productions. Also known as a Notice to Produce, this refers to a written request used to collect important documents from the opposing party. This can include pay stubs, expense statements, bank records, monthly bills, loan applications, tax returns, retirement account information and more. Once your attorney makes this request, the opposition has thirty days to gather the materials and respond.
If the opposing party goes over this timeline, your attorney can file a Motion to Compel. This is a measure that requires them to go in front of a judge. If the judge determines they have been non-compliant with the production mandate as decreed by family law in Atlanta, GA, they can bring sanctions against them including refusal of evidence, imposed financial sanctions or dismissal of the lawsuit.
- This involves the collection of sworn testimony from witnesses and the opposition. These depositions will occur in front of a court reporter while both parties are present. Though a judge will not be in attendance, your attorney can use the transcripts from these depositions during the trial to argue your case.
Let Our Top Family Law Attorneys Guide You Through the Discovery Phase of Divorce
If you are going through a divorce, our top family law attorneys will work closely with you to prepare a strategic plan that will help you achieve your goals. Contact Daniele Johnson & Associates today to schedule an appointment.
When you work with Daniele Johnson & Associates, you can begin living the life you deserve.