What Is Discovery in a Divorce Case in Oklahoma

Discovery in a divorce is an important tool parties can use as both a weapon and a shield. In family law cases discovery is a legal process that allows parties involved in a dispute to gather information. It is there to gather evidence, and relevant facts from each other before trial. The purpose of discovery in family law is to promote transparency, ensure a fair and informed resolution. It is also useful to help the parties and their attorneys better understand the issues in the case. Its important to understand how discovery works. It’s also important to understand that while it’s a useful tool to promote transparency, the other side can also abuse it. They might do this by asking for information they are not entitled to or that is there to harass.

What Information Does Discovery In A Divorce Uncover

If you are facing a divorce or child custody case in Oklahoma you need discovery. You can’t truly decide what’s owed to you through division of marital property, child support, or even alimony without proper discovery being done. Our divorce attorney Charles Kania tells clients that prior to a divorce it’s not uncommon for partners to hide assets. They may even close bank accounts and transfer accounts. They do this so that after the filing of the divorce and the parties get to court, they have a pile of assets that will never see the light of day. Another example of when discovery is important is if one or both of the marital partners own a business. Discovery makes available for division all the assets of the business that may be unknown or put into the asset pile.

Common Discovery Methods in A Divorce Case

1. Interrogatories: These are questions that one party sends to the other party, and the recipient needs to answer them in writing, under oath.
2. Requests for Production of Documents: Parties can request the other side to produce specific documents, records, or other tangible items relevant to the family law case. This may include financial documents, communication records, or other materials.
3. Requests for Admissions: A party may ask the other party to admit or deny certain facts or legal issues, simplifying the matters in dispute.
4. Depositions: Depositions involve the oral questioning of a witness or party under oath. A court reporter records the deposition, and a party can use it as evidence in court.
5. Requests for Mental or Physical Examinations: In certain cases, a party may request that the other party undergo a mental or physical examination by a qualified expert.
6. Subpoenas: A party can use subpoenas to compel the production of documents or the attendance of witnesses who are not parties to the case.

Like pointed out above the discovery process in family law cases allows both sides to gather information about the other party. This includes income, assets, liabilities, and other relevant details. It is particularly important in divorce cases where issues such as property division, spousal support, child custody, and child support are at stake.

Does The Other side Have To Answer Discovery

The law in Oklahoma is precises when it comes to discovery. Each party to the divorce has an entitlement to send discovery to the other party. Each party also must get back the discovery from the other side and the answers to the questions must be under oath. If a party fails to comply by not answering the discovery they can be held in contempt. If they are in contempt they can be forced to pay the attorney costs and fees that accrue from it.

It’s worth noting that the outline of the specific rules and procedures for discovery in family law cases in Oklahoma are typically in the Oklahoma Statutes and the Oklahoma Rules of Civil Procedure. Once they serve you discovery questions, you typically have 30 days to respond. There can be an extension of time by agreement or by filing motions to expand time with the court.

Tulsa, Oklahoma Divorce Attorneys In Your Corner

Discovery in a divorce case in Oklahoma is common. Its also very important to use in many cases as a tool to uncover assets and liabilities. The thing many people should consider is the discovery questions as drafted are very important. This is the time you get to look at all the finances both hidden or not of your soon to be ex. Also, being able to limit questions designed to harass you from the other attorney is also very important. Get a Free Consultation with one of our Tulsa Oklahoma divorce attorneys at Kania Law. Call us at 918.743.2233 or follow this link and ask a free legal question.