Discovery Overview | Conyers Georgia Family Lawyer| Atlanta Divorce Attorney

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The Discovery Phase

Both parties to a divorce are entitled to gather relevant information and evidence for their divorce.

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Discovery is the process by which parties gather critical case relevant information and evidence from the opposing party. In a divorce or other domestic relations proceeding, discovery is conducted according to Georgia’s Civil Practice Act. The Georgia Civil Practice Act governs all civil proceedings in Georgia. In Georgia, there are several methods of discovery. These methods include: Interrogatories, Request for Production, Requests to Admit, Depositions, and various forms of informal discovery.

Interrogatories

Interrogatories are especially important and useful as they require the responding party to answer a set of questions prepared by the requesting party fully and under oath.

Requests for Production

Requests for the production of documents is a method of discovery that allows one party to gather evidence by serving upon another party requests to produce certain documents,...

Requests for Admission

In addition to requesting that a party produce certain documents or other pieces of evidence, a party may request that the opposing party make certain factual admissions...

Depositions

Depositions are one of the most important tools in a litigant’s discovery tool kit. They allow one party’s attorney to examine and confront the opposing party in person.

Informal Discovery

Often times, it is necessary to investigate matters and issues concerning a divorce action prior to the initiation of the action or shortly thereafter. It may be necessary to conduct such investigation in order to substantiate allegations of adultery or some other ground for divorce in Georgia or to prove the assets of a spouse (for example for equitable division, child support or alimony). In this case, there may be less expensive and more informal methods of obtaining this information as opposed to conducting formal discovery.

Discovery Begins with the Filing of an Answer

The first question that enters the mind of an individual who has been served with a complaint and summons in a divorce action is: “What should I do now?” The answer to this question is rather simple: upon being served, an individual must file an answer to the complaint. The answer is the defensive pleading in a divorce action. Essentially, the answer is the defendant’s response to the plaintiff’s complaint or petition for divorce. The purpose of the answer is to respond to the plaintiff’s allegations and to assert any defenses or counterclaims the defendant may have against the plaintiff. The answer may either be prepared and filed by the defendant or prepared and filed by the defendant’s attorney.

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