This is the next article in my series on the process which one must face in a Las Vegas, Nevada divorce case. My last post discussed what to expect at the initial hearing in a divorce matter. The Court will typically issue a Temporary Order at the initial hearing so that the parties may have a set structure while the case moves forward. Having an experienced attorney can help to ensure that the initial hearing is handled correctly. In this article I will be discussing the importance of the discovery process. If you or a loved one require assistance then contact my office today to speak with a family law lawyer.
Discovery is the process by which information is obtained in divorce proceedings
I have previously discussed discovery in Nevada divorce cases. As I explained in that article, this is the process by which information is gained from the other side and third-parties in a divorce case. This process provides tools through which opposing parties can be required to provide written answers to written questions, to require that they admit or deny certain accusations, and to require them to provide records or tangible evidence. Sworn testimony can also be obtained from opposing parties as well as third parties. Documents and other physical evidence can also be obtained from third parties. These same tools are available to the other side as well, meaning that they have the ability to acquire such evidence.
The importance of discovery can be best explained through the use of examples. Suppose Jill and Jack are married and have separate bank accounts. Jill files for divorce due to Jack’s alcoholism and wishes to obtain primary custody of the parties’ child. Jack claims that Jill is not able to take care of the child on a primary basis due to a medical condition. Jill will need to provide proof of Jack’s alcoholism. For this, she can get copies of Jack’s bank records which show regular and excessive spending at bars. Jack, conversely, can use discovery to require that Jill sign a HIPPA release and he can subpoena her medical records from her doctor. Each side will now have evidence which supports their given position in Court. It should be noted that what will and will not be considered relevant in a given matter always depends on the specifics of the case.
Las Vegas spouses may be at a disadvantage if they do not conduct discovery in their divorce case
It is hard to overstate how important discovery can be in a family law case. Contrary to what is depicted in movies, cases are not won with “secret” evidence. Cases are typically won by presenting evidence which is methodically accumulated through the discovery process. The rules of discovery can be quite complicated and difficult to navigate without an experienced attorney. Having quality representation, therefore, can be vital during this stage of the case. As a Las Vegas divorce lawyer who practices solely in the area of family law, I am experienced in the handling of such matters. If you or a family member are in need of assistance then contact my office online or by telephone today to schedule an initial consultation. We look forward to speaking with you.