Formal Discovery is the process of obtaining information from the other party. If the assets and debts of the marriage are readily ascertainable and agreed on by the parties, they may choose to waive formal discovery, partially or in its entirety. However, if either party disagrees with their spouse’s representative income, estimate of value or the amount of debt attributable to each party or documentation in that regard, formal discovery is necessary and will be undertaken. This process can include the following: completion of financial affidavits, disclosure statements, formal requests for production of documents, written questions in the form of interrogatories, subpoenas, and depositions.
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