Written by attorney William Benjamin King

The Discovery Phase of a Divorce or Custody Case

This legal guide provides general information concerning the discovery process and options available in Colorado domestic relations cases including divorces and allocation of parental responsibilities matters.

Additional resources provided by the author

Colorado Rule of Civil Procedure 16.2 mandates each party to a family law dispute has a legal obligation to provide certain information to the other side automatically, subject to only a few certain limitations. The discovery tools outlined above assist lawyers with expanding the scope of Rule 16.2 mandatory financial disclosures. If your spouse fails to disclose certain financial records or assets required by Rule 16.2 and your attorney recovers them in discovery, the Court may sanction the opposing party by ordering them to pay a monetary sanction, ordering them to pay your attorney’s fees and costs incurred in connection with your discovery efforts, or the Court may simply award you the asset the opposing party attempted to conceal. While discovery is a very useful litigation tool that can simultaneously be used to assist in the facilitating of a beneficial settlement, the discovery phase of a case often times ends up being the most expensive component of a case aside from trial. Drafting of discovery is a time-consuming and somewhat tedious endeavor, and so is the review of any records produced by the opposing party. Nevertheless, discovery may end up saving the client money if it helps to bring about a timely settlement of the case. It is crucial to hire an attorney and experienced paralegal that will work with you in tandem to facilitate this process from start to finish. [1] Typically this will be mediation ordered by the Court for most domestic relations cases in Colorado. [2] Requests for admissions are specifically excluded from family law actions in Colorado pursuant to C.R.C.P. Rule 16.2(f)(4) unless agreed upon by the parties or permitted by leave of court. [3] Frequently abbreviated as “RFPs.” [4] Frequently referred to and abbreviated as “ROGGs.” [5] Referred to as being the “deponent.”

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