The discovery process is when you gather all evidence relevant to your divorce. You can’t divide property, calculate support, or determine custody and visitation rights if you don’t have complete and accurate information.
The evidence sought during the discovery phase typically relates to one of two categories – property or custody.
A major part of the divorce process is dividing the property. Before you can divide the property, you need to gather all of the evidence related to you and your spouse’s income, expenses, debts, assets, property, accounts, investments, etc.
Best Interests of the Child
It’s also important to gather evidence that could impact child custody and visitation rights. California promotes custody arrangements that are in the best interest of the child. In most cases, that means allowing the child to spend time with both parents.
If you believe that allowing your child to spend time with your spouse is not in the best interest of the child, you need to gather the relevant evidence to support that position. That might include police reports, photographs, medical records, video or audio recordings, etc.