In any type of legal proceeding, discovery is the most important part of the case. Discovery is the process of gathering information and documents relative to each party’s position in the case. Without discovery, an attorney cannot negotiate settlement terms or prepare for a trial. Discovery might be voluntarily, meaning the parties freely provide each other with any requested information or documents. If the materials are not voluntarily provided, your attorney can gather them using discovery tools such as demands and notices, subpoenas, interrogatories, and depositions.

 

In a contested matrimonial proceeding, both parties are required to disclose under oath all their expenses, income, assets, and liabilities by filing a Statement of Net Worth. The Statement of Net Worth is where the process of discovery begins.

 

When the other party files their Statement of Net Worth, your attorney will review it and ask you to do the same. In that review, your attorney will work together with you to determine what information and documents are needed to support or contradict what is in the Statement of Net Worth. For example, your spouse may disclose that they have a separate bank account or your spouse might fail to disclose certain accounts all together. Instead of relying on what is disclosed by your spouse, your attorney will likely ask for documents relative to those accounts. This can be accomplished in one of two ways; either by sending a “Notice to Produce” to opposing counsel or by sending subpoena directly to the record holder (such as a bank or employer).

 

Your attorney can send Notices and Demands to receive almost any type of information and documents. The most common records that are requested are financial statements, copies of contracts, verification of income and debts, business records, and proof of expenses. Your attorney might also send a Demand for certain evidence the other party intends to use against you at trial. Demands typically include requests for copies of photographs, statements of the parties, video and audio recordings, and list of witnesses to be called a trial.

 

 

 

If your attorney sends a Demand or Notice to opposing counsel, it will require your spouse to turn over anything requested within 20 or 25 days. Once discovery materials are received, your attorney will review them and provide you a copy to review. At that point, your attorney will have a meeting with you to discuss what was received, formulate a settlement proposal or counterproposal, or proceed with preparing for a trial. 

 

Your divorce attorney will be your primary point of support and knowledge during the division of assets and debts. While the ideal is to settle outside of court, disputes may need to be resolved with the help of a judge. Therefore, it’s important to have an attorney with trial experience in addition to extensive knowledge about the distribution of assets and debts. Call Bates Family Law today at (585) 433-4661 to schedule your free consultation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule a Consultation

Working with an attorney is a highly personal experience and it is of utmost importance that you feel comfortable with us. We are confident that once you get to know us, you will want to work together. You can set up your consultation by email or phone. We look forward to meeting you.

Conveniently located between Rochester and Canandaigua, servicing all of Monroe and Ontario counties including Pittsford, Brighton, Penfield, Fairport, Farmington, and Victor.

hello@​batesfamilylaw.com

(585) 433-4661

79 WEST MAIN STREET
Victor, NY 14564

What our clients are saying...

“Alison represented our daughter from birth until the finalization of her adoption. She was the most knowledgeable, patient, and thorough attorney we could possibly have worked with. While navigating the Family Court system can be incredibly confusing and taxing, Alison took the time to explain every step, and advocated tirelessly for the best interests of our child.”

– Julia C.

“Alison helped me get my kids back in my life! I had an order of protection against me that didn’t allow me to see my kids for 3 months... The day after the court date I was able to see my kids again... I can’t imagine what the outcome would have been if I didn’t have Alison in my corner.  Forever Grateful!”

– Mike P.

“Alison Bates is not just my attorney. Alison Bates is a warrior who battled to make sure my son and I could be together. Alison Bates was my light on a very dark, lonely and scary path. Now I look into my son's eyes and it is hard not to think about Alison and all she did in helping me maintain that unbreakable bond.”

– Mark I.

“Alison has been phenomenal during a very challenging divorce. Her empathy and compassion for my situation while being direct with the realities of the legal system were reassuring and made me feel secure in the path we were taking every step of the way...”

– Tiffany R.

“Alison was a source of compassion and support to me during a very difficult time. She is very knowledgeable and a strong advocate when needed. I appreciated her prompt responses and straightforward manner. When things became difficult, I felt glad to have her in my corner.”

– Kristen H.

When I first met Alison, I was a recently separated father experiencing parental alienation and was having limited access to my child despite my requests to the mother. Alison explained to me that what I was experiencing was not uncommon early on in the separation process and fought hard on my behalf to resolve the matter in a fair and equitable way. Alison was efficient, reliable, and provided clear communication throughout the entire process. I would highly recommend her representation in any family law or divorce proceedings.

– Cory G.

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Bates Family Law, P.C. • (585) 433-4661