Discovery is an important part of the Oklahoma divorce process.
Discovery is the name given to a set of legal tools that enable a party involved in a court proceeding to “discover” or learn certain facts that are important to the handling of a court matter.
Discovery begins after the initial filing of the Petition for Divorce by one spouse and the responsive pleading filed by the other spouse.
Discovery Tools During an Oklahoma Divorce
Here are three main discovery tools used during a Tulsa divorce.
Interrogatories: written questions to which a party must provide written answers as well as requests for production of documents and other evidence.
Depositions: testimony taken under oath that is recorded in a meeting outside of a courtroom.
Requests for admissions: Requests that certain facts be admitted as true.
All of these tools can be used to establish facts and narrow issues at trial or as you move toward the settlement of a court proceeding.
Motions to Compel
When a party either does not comply with one of these discovery tools or does so in such a way that is evasive or non-compliant, a party may file a motion to compel.
A motion to compel can be brought forward to provide compliance with a discovery request or to provide fuller answers, documents, or other evidence that has been requested.
Sanctions may be awarded to a party who wins a hearing on a motion to compel discovery.
In all cases, the discovery sought must be relevant or likely to lead to the discovery of relevant evidence regarding the issues between the couple. This can include issues regarding the grounds for divorce alleged in the Petition or in the Responsive Pleading filed by the other spouse or any other aspect of the couple’s financial life together that may be relevant to property division. It also includes matters related to any issues regarding the children of the marriage.
If you are looking at the possibility of a divorce or have questions regarding your divorce, bring your questions or concerns to an experienced Tulsa family law attorney.
Free Consultation with a Tulsa Family Law Attorney
Wirth Law Office – Tulsa is here to help when you need it most. We offer a free consultation with an experienced Tulsa family law attorney.
Call 918-879-1681 for a free consultation or submit a question through this website.