Put plainly, the discovery phase of a divorce case is a process during which each party to the case can collect case relevant information and evidence from the opposing party as well as outside parties if necessary. There are several methods that a party to a divorce can used to collect evidence during the discovery phase, and these methods include, among others, the following:
According to Georgia law concerning discovery:
“Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”
O.C.G.A. § 9-11-26(b)(1). With the above quoted statute in mind, discovery may be very useful in your divorce matter, especially if there are issues about which your soon to be ex-spouse knows more about that you. Such issues may include information concerning family finances, a family business, or information concerning child care costs and expenses. Additionally, information concerning a spouse’s misconduct may also be uncovered via the discovery process, such as information about a spouses affair, or any attempts made by a spouse to hide assets or fraudulently convey marital funds. Taking full advantage of Georgia’s discovery procedures may not be right for every case. To determine whether any of the above listed discovery procedures may be beneficial to you, contact your Atlanta Divorce Team for a consultation.