The Discovery Process

Discovery is a term used to describe the formal ways in which the attorneys attempt to discover all of the facts that are important to your case relating to both financial and non-financial issues. This part of the case is very important because it will provide us with the information necessary to enable us to recommend to you a fair settlement of all issues in your case.

Working Towards a Negotiated Settlement:

In the event that a negotiated settlement cannot be achieved, this information will allow us to present a complete case to the Court if it becomes necessary to proceed with a contested divorce trial.

The length of time for the discovery process varies according to a number of factors including:

• The complexity of the issues involved
• The difficulty in obtaining the requested information
• How much information you can provide us with which
• The obstinacy of your spouse or his or her attorney.
• The need to obtain outside expert advice:
  • Appraisers to value real estate,
  • Actuaries to value pensions or other investments
  • Accountants to value Businesses or the like.

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There are also certain “built-in” time periods that may prevent your attorney from moving as quickly as you would like. For example, if we request that your spouse produce documents for review, the time period set by the Massachusetts Rules of Domestic Relations Procedure allows thirty (30) days for completion of this task.

Similarly by law, a contested no-fault divorce complaint must be on file with the court for six months before a pre-trial conference may be assigned.

After your divorce hearing, there are mandatory nisi (waiting) periods before a divorce is final. Rules and statutes such as these are not within our control.