News & Analysis as of

Divorce Discovery

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Pullman & Comley, LLC

Can’t We All Just Get Along? – Choosing to Litigate Your Family Matter Does Not Mean Trial Is Your Only Option

Pullman & Comley, LLC on

Your spouse, former spouse, or former partner comes to you and proposes that you resolve your divorce, financial, or custody dispute through the Collaborative process (a formal arrangement to resolve your matter without any...more

IR Global

Joint Petition for Dissolution – A Solution for those seeking a Conscious Uncoupling

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In California, a couple seeking to part ways have limited options when filing for divorce. The standard procedure requires one party to initiate the process by filing a Petition for Dissolution of Marriage, which is then...more

Fox Rothschild LLP

Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances

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We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision in the Cardali case. Typically,...more

Stange Law Firm, PC

What’s a motion to compel in family law litigation?

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Divorce and family law litigation can be gut-wrenching. When a judge makes decisions for a family regarding child custody, child support, spousal maintenance, and property division, it can be overwhelming for many....more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Kohrman Jackson & Krantz LLP

What Is Discovery and Why Is It Important for Your Divorce Case?

In litigation, discovery is a crucial part of every case presented to the courts. In civil proceedings, documentation is necessary to support claims. In a divorce, a party may present documentation of income, financial...more

Fox Rothschild LLP

Legal Terror: A Look at Infamous In Terrorem Clauses

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In this day, it seems just wrong to even write a word incorporating “terror.” It seems as if terrorism is everywhere and one place we could hope to elude it would be in contract drafting. Yet, as we shall see, these clauses...more

Stange Law Firm, PC

Don’t Try to Convince Opposing Counsel

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Both parties usually have their own legal counsel in contested divorce and family law litigation. A lawyer representing a party in litigation must advocate for their client zealously....more

Stange Law Firm, PC

The Use of Subpoenas in Family Law Litigation

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Unfortunately, some divorce and family law cases cannot settle without an evidentiary hearing or a trial. When that occurs, contested litigation in divorce and family law matters can require much preparation work....more

Stange Law Firm, PC

Why Discovery Is Important in Family Law Matters

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Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more

Fox Rothschild LLP

A RIGHT RESULT BUT FOR THE WRONG REASONS In Abuse Cases Can the Facts Go Far Beyond the Pleading?

Fox Rothschild LLP on

In a non-precedential case decided on April 29, 2022 a panel of the Superior Court tackled a common and nettlesome question. We live in an age when petitions filed under the Protection from Abuse statute are almost always the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Late or Untimely Discovery Responses in a Child Relocation Act Case: The Lawyer Escapes Sanctions (For Now)

Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more

Fox Rothschild LLP

If The Enforceability Of A Prenuptial Agreement Is At Issue, Courts Shouldn’t Wait To Deal With It

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Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more

Stange Law Firm, PC

Conducting Discovery Informally In Family Law Litigation

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In any divorce or family law matter, a party must have all the information they need to make an informed decision in terms of whether trying or settling their case. In a divorce, in particular, parties need information on all...more

Stange Law Firm, PC

New encrypted applications gaining prevelance

Stange Law Firm, PC on

In divorce and family law litigation, text, email and cell phone records are often important. In many cases, parties seek this evidence in discovery when it bears on relevant issues. Text, email and cell phone records can...more

Stange Law Firm, PC

Locating hidden assets in divorce

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In a divorce, courts require parties to identify all marital assets and debts. The exact way in which this takes place can vary. However, most courts require parties to disclose their assets and debts in financial statements...more

White and Williams LLP

PA Superior Court Holds Attorney-Client Communications in Divorce Records are Discoverable in Medical Malpractice Case

White and Williams LLP on

On September 23, 2019, the Pennsylvania Superior Court in Corey v. Wilkes-Barre General Hospital held that divorce records, including attorney-client communications, were discoverable. The Superior Court’s decision in Corey...more

Smith Debnam Narron Drake Saintsing & Myers,...

Why Do Divorce Cases Take So Long? PART ONE

I often warn clients at the outset of their divorce case that the process will likely take longer and be more expensive than they anticipate. In my 28 years of practice, I’ve never heard of a client expressing dissatisfaction...more

Stange Law Firm, PC

Collaborative divorce and informal discovery

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In traditional divorce proceedings, discovery can be a critical part of the divorce case. Discovery can entail all kinds of different discovery techniques. Discovery can entail issuing interrogatories, requests for...more

Fox Rothschild LLP

They Put Money Where? Conducting Discovery About International Assets

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It happens to family lawyers all the time. A new client comes in to meet with us for an initial consultation and tells us that his or her spouse controlled all of the money and assets. The new client is panicked, because he...more

Ward and Smith, P.A.

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

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In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Carlton Fields

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Miles & Stockbridge P.C.

Protect Yourself by Learning About Your Family’s Finances

All too often, clients enter the divorce process with little or no knowledge about the family’s bank and investment accounts, stocks, retirement assets, ownership of real property, and debt. If you recognize that you and your...more

Cozen O'Connor

Social Media Pitfalls In Divorce

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These days social media is ubiquitous. Everyone, young and old, enjoys some form of social media — from Facebook to Twitter to Instagram– we are all spending significant time posting our life happenings, likes and dislikes,...more

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