The legal process by which parties obtain information from each other and from third parties in preparation for trial or settlement negotiations within a dissolution of marriage action is a crucial element. It encompasses a range of tools designed to uncover relevant facts, documents, and witness testimonies that may be used to support or refute claims made by either spouse. Examples include interrogatories (written questions), requests for production of documents, depositions (oral examinations under oath), and subpoenas (orders to produce documents or testify) directed to third parties.
This process is important because it promotes transparency and fairness by ensuring that both parties have access to the information needed to make informed decisions about their case. It can lead to quicker and more equitable resolutions, as a full understanding of the marital assets, debts, and other relevant circumstances empowers individuals to negotiate effectively. Historically, its development aimed to level the playing field in litigation, preventing one party from concealing information to gain an unfair advantage.
