Oops…Is This Discoverable?

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First of all, what does “discoverable” mean?  During litigation in your family law matter, the opposing side has the right to request documents, information, and ask you questions that pertain to the case.  When you hear the word “discovery” or “discoverable”, your attorney is referring to this process and what can be obtained by the other side.  In general, do not create documents, recordings, social media posts, messages, voicemails, or any other tangible things that you do not want the opposing party to have.  In fact, in the majority of family law cases, even your medical and mental health records can be obtained.  There are a few exceptions and objections your lawyer can make, but it is better to be safe than sorry by assuming anything you create will need to be disclosed to the other party.  A skilled family law attorney will be able to make the necessary objections, assertions of privilege, and other arguments to keep some of this information private, so please schedule a meeting with me to go through your options the moment you are faced with even the possibility of domestic litigation on the horizon.