If one or both of the parties do not know of, or cannot agree, as to what the assets and debts of the marriage are, or the values of those assets and debts, discovery will be required. Discovery is the process of obtaining information from both the opposing party as well as from someone outside of the marriage, such as a bank, or other third party. It can be done by means of interrogatories (written questions to the opposing side) depositions (oral testimony taken under oath of the other side, or of witnesses with relevant information) or document subpoenas requiring production of relevant information. The purpose of discovery is to find out information pertaining to the other party, property, assets, debts, retirement plans, and other relevant facts. Often after this information is gathered and analyzed, the parties can begin to negotiate the settlement terms for a Consent Judgment of Divorce.
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