North Carolina Divorce Lawyers Blog

Articles Tagged with discovery

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Discovery is the next step of a family law case prior to a hearing. Discovery is the process of asking for and providing evidence between parties prior to a hearing. Discovery looks for all relevant evidence that isn’t privileged, but those words don’t necessarily mean the same thing in the law that they do in regular life.

The Family Law Process – Part 7: Discovery (Rules 26-37)

Sometimes in a family law case, all efforts to negotiate or mediate fail and a hearing is necessary. In order to make your case to the judge, you will need proof of your claims. But what is your recourse if the other party has all of the information? How can you prove that your spouse makes more than you, for instance, without access to their paystubs or bank statements? Or the value of their car if you don’t know how much is still owed on it? Luckily, the court provides a way to get that information: Discovery.

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Think of all the personal data that is collected by your smartphone. Voicemails, text messages, messaging apps, Facebook, Twitter, Instagram, and dating apps. These can all contain, if not confidential, highly personal and private information you may not want your spouse to have if you are going through a divorce. Thankfully, not all of the above can be readily accessed or requested by your spouse absent some strong showing of necessity. However, there still is some data that can be obtained by subpoena, that requires only a showing of relevancy to your case. Continue reading →