I have had several people say, “isn’t it split 50/50? Why do we need to do discovery then?” This is a myth. Yes, a Judge is likely going to get close to a 50/50 division in most cases, however, depending on the facts of your case there could be a different division.

For example, in cases of adultery maybe the division would be 55/45 or 60/40. In cases of family violence those numbers could be even greater. In cases where one party stayed at home with the kids and the other was the bread-winner that number could be different too.

Discovery is essential for many reasons but one of which is if you do not do discovery you cannot uncover hidden assets. Perhaps your spouse has a secret bank account that he/she transfers money to each month. Perhaps there is a separate retirement account? Stocks? Bonds? Safe Deposit box? Without asking for this information and analyzing what you receive there is no way to know for sure that you have factored in the entire picture.

Even if you pay all the bills and paychecks get deposited into your account, how can you be certain that a portion of that paycheck is not deposited into a different bank account? How do you know for sure that there are no other debts out there that you are unaware of?

When you are going through a divorce in most cases it is crucial to do some form of discovery in order to get a full financial picture.

Categories: DivorceProperty

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