When a couple decides to divorce, issues such as the division of marital assets and debts and the allocation of parental responsibilities and parenting time must be resolved. Some couples are able to reach a settlement agreement about the terms of their divorce through negotiations or alternative resolution methods such as mediation and collaborative divorce. Others, however, cannot reach a solution that both spouses agree to. If a divorcing couple cannot reach an agreement about one or more of the relevant divorce issues, the case may go to trial.

The Fact Gathering Phase

The “discovery” phase occurs prior to the divorce trial. During discovery, each party and his or her respective attorney will gather information about the unresolved divorce issues. Several methods may be used to gather financial data and other relevant information, including: