What is discovery & what It will accomplish?
In any dissolution of marriage case where the court needs to divide assets and allocate debts between the parties, you need to conduct discovery to collect documents and admissible evidence to assure that the court makes a division of the community properties.
If you are facing a self-employed individual determining the proper amount of income requires discovery of necessary documents so your forensic accountant can determine the proper amount of income for the child and spousal support. You can also utilize this information to show the court that the other spouse has sufficient income to pay for his or her attorney and yours.
Here are some examples of Discovery:
1- Demand for production of documents and inspection
You can ask the opposing party to produce specific documents such as W2, paystubs, bank records, interests in a partnership, corporation and any other relevant documents that you need to support your motion.
In relation to a real property, you need copies of Grant Deeds, Escrow instructions and closing statements among other things.
Once a party files his or her income and expense declaration and demands a certain amount of support to cover his or her expenses, you can send a discovery and demand that party produces all the documents that support the claimed expenditures.
If the party cannot produce such documents, it will adversely affect his or her claim for support.
2- Request for admission:
This is a very potent discovery tool, you ask the opposing party to either admit that certain claim is true or deny it. You must draft the request for admission very precise and clear, so the responding party can not argue that the question was such that I could not admit or deny. For instance, admit that during our marriage you made a gift of cash to your sister for the amount of $15,000.00
This discovery tool is more effective since the responding party has very limited choices, either admit or deny. In contrast with demand for production of documents, the responding party can produce some of the documents and not the others or produce the documents that do not help your claim, which requires the court’s intervention to get the necessary documents.
We handle all types of family law matters, including:
The Law Offices of Adam Moloudi is not only capable and prepared to handle standard divorce cases but also complex divorce cases involving complex financial and property matters. Attorney Adam Moloudi understands the stress and emotional strain his clients go through during divorce proceedings. He will answer your questions, inform and guide you through the process, help you formulate goals, set realistic expectations, provide you with options, formulate a case strategy, negotiate from a position of strength, and ultimately be prepared to litigate if reasonable agreements cannot be reached.
The Law Offices of Adam Moloudi is dedicated to supporting you through the challenges of the divorce process with aggressive and thorough representation.