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Introduction to the discovery process

One topic that comes up in a divorce or legal separation in Arizona is property division. As a community property state, Arizona has certain rules that are designed to ensure that each spouse gets his or her fair share of the property that they worked together to obtain.

However, a person cannot claim a fair share to property that he or she knows nothing about. This is one reason why, as in every court case, both spouses have the opportunity to use the "discovery" process of the courts during a divorce or legal separation case.

When used correctly, it can help a person avoid getting cheated out of assets during property division, or, for that matter, losing out on child support or other payment to which he or she is rightly entitled.

Basically, court rules give a person in a case the option of soliciting information from other people who are either also part of the case or who may have evidence that is relevant to how the case will be decided. This means that either spouse can ask the other for information, including documentary evidence, about assets like bank accounts, real estate and income.

While it is not a guarantee that a person will actually do this, legally, a person is obligated to be truthful and complete when it comes to answering discovery requests. Likewise, discovery can also be used to get information from banks or other institutions.

The discovery process is complicated. However, Phoenix, Arizona, attorneys are usually adept at using the process to get information that is necessary for a person to get their fair share of what they are owed during a divorce or legal separation. A person who has questions about the process can ask their attorneys for advice and help.

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