Divorce Process Attorney in New York, New York
What is discovery in a family law case?
What is discovery in a family law case?
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Discovery is focused on financial issues in New York, where there is no discovery process for custody issues, a contrast to other jurisdictions. In New York, discovery for financial matters begins with the exchange of sworn statements of net worth. These statements detail expenses categorized by types such as housing, taxes, vacations, clothing, food, and children’s activities, typically based on the previous year. Following the expenses, the statements outline the parties’ assets and liabilities.
Once the statements are exchanged, the discovery process begins. However, there may be instances where a spouse does not accurately disclose all assets, liabilities, or expenses. This could be due to an honest mistake or, in some cases, an intentional omission to hide financial information.
The next step involves issuing discovery demands, which require specific documents to be provided. These demands can include requests for credit card statements, bank statements, business financials, tax returns, and other pertinent documentation. Thorough scrutiny of these documents is crucial to identify any deficiencies or missing information. For example, if there are payments to a credit card company but no statements are provided, this raises a red flag.
If the discovery appears deficient, a deficiency notice is issued, highlighting the missing information. The process often culminates in taking a deposition, where the attorney asks the other party questions under oath to gain clarity on financial matters. This is critical for understanding complex financial situations, such as hedge funds, restricted stock units, bonuses, and business operations. Engaging with experts, like forensic accountants or real estate evaluators, can also be beneficial in formulating precise questions. This thorough discovery process is essential for ensuring all financial aspects are accounted for in family law cases.
New York, NY family law attorney Lisa Zeiderman talks about discovery in a family law case. Discovery in New York family law is primarily concerned with financial issues, as there is no discovery process for custody matters, which differs from practices in other jurisdictions. The process begins with the exchange of sworn statements of net worth, which provide a detailed breakdown of expenses categorized by areas such as housing, taxes, vacations, clothing, food, and children’s activities, typically reflecting the previous year’s financial data. After detailing expenses, the statements also outline the parties’ assets and liabilities.
Once the statements are exchanged, the discovery process is initiated. However, there may be instances where one spouse does not fully disclose all assets, liabilities, or expenses. This may occur due to an honest oversight or, in some cases, a deliberate attempt to conceal financial information.
The next phase involves issuing discovery demands, which require the provision of specific documents. These demands may include requests for credit card statements, bank statements, business financial records, tax returns, and other relevant documentation. A thorough examination of these documents is essential to identify any deficiencies or missing information. For example, if payments are noted to a credit card company but corresponding statements are not provided, this would signal a potential issue.
If deficiencies are found in the discovery materials, a deficiency notice is issued to highlight the missing information. The process often leads to taking a deposition, during which the attorney poses questions to the other party under oath to clarify financial matters. This step is critical for understanding complex financial scenarios, including hedge funds, restricted stock units, bonuses, and business operations. Collaborating with experts, such as forensic accountants or real estate evaluators, can also aid in developing targeted questions. This comprehensive discovery process is vital to ensure that all financial aspects are accurately represented and accounted for in family law cases.
