Introduction
The primary goal of Georgia courts in divorce cases is to divide marital property in a manner deemed fair. If children are involved, the court will also prioritize their best interests when determining child support and custody arrangements. Given the deeply personal nature of divorce, it’s essential for everyone involved—including you, your attorney, and the court—to have a clear and accurate understanding of your marital life and finances. This ensures you can effectively plan for your future as a single individual.
Even if you and your spouse reach an amicable agreement, it’s crucial to fully understand your financial and legal standing before relinquishing any rights. The most accurate representation of your financial health comes from the documents, receipts, and records you’ve accumulated during your marriage. However, sifting through this mountain of paperwork can feel overwhelming. What documents are necessary? When do they need to be submitted? Which ones are irrelevant?
Disputes over document production are common in legal matters, and mistakes can be costly. While your attorney can provide tailored guidance, here are some insights to help you navigate the process.
Starting with the Domestic Relations Financial Affidavit (DRFA)
The Domestic Relations Financial Affidavit (DRFA) is a mandatory document required by Rule 24.2 of the Georgia Uniform Rules of the Superior Court in most family law cases. Both parties must submit a DRFA, which includes details about income, assets, debts, expenses, and information about themselves and their children. Beyond its legal requirement, the DRFA serves as a practical tool for identifying which documents are necessary.
Your attorney and their team can assist you in completing the form, but each entry must be supported by a corresponding document. For example:
- Bank account information should come from bank statements.
- Car loan details should be backed by a car note.
- Mortgage statements should support home-related information.
- Utility bills should verify utility expenses.
- Some entries, like recent wage statements, may require the actual documents.
The court uses this information to determine equitable property division and child support. Once you’ve completed the DRFA to the best of your ability, consult your attorney to explore your legal options.
The Discovery Process
Discovery is the legal procedure through which parties exchange documents and information that may serve as evidence in court. In Georgia, discovery begins when one party files an answer to a complaint and typically lasts six months (or 30 days from the date of service if no answer is filed within 30 days).
During discovery, cooperate fully with your attorney by providing all requested records and information. Your attorney will determine if any information is legally protected and should not be disclosed. Once your spouse’s discovery responses are received, your attorney can assess whether additional information is needed or if third-party requests are necessary.
Discovery in family law cases generally takes three forms:
- Interrogatories: Written questions from one party to the other. These can cover a wide range of topics, such as witness identities, document existence, or specific incidents. Your attorney can help you identify which questions require answers and which can be objected to.
- Requests for Admission: Questions asking you to admit or deny specific allegations. These are more restrictive in how they can be answered compared to interrogatories.
- Requests for Production of Documents: Demands for documents within your possession, custody, or control. The term “document” is broad and can include financial records, tax documents, text messages, audio or video recordings, travel records, and more. This is often the most burdensome aspect of discovery and a common source of disputes.
One Step at a Time
Navigating document collection and discovery can feel overwhelming, but breaking it into manageable steps can help:
- Take It Piece by Piece: If you’re inundated with requests, tackle a few items daily. Dedicate 30 minutes to an hour each day to answering questions and gathering documents.
- Be Honest with Your Attorney: Should you disclose an arrest, a hidden nest egg, or embarrassing relationship details? While not legally required, it’s in your best interest to do so. Your attorney can only help you effectively if they’re fully informed. Surprises at trial can undermine your case.
- Communicate Clearly: If you need more time to collect documents, inform your attorney so they can request an extension or plan to supplement later. If you’re unsure where to find specific information or don’t understand a question, ask for clarification.
- Be Patient: Discovery timelines can be extended due to disputes, scheduling conflicts, or court holidays. Stay diligent and responsive to ensure you’re prepared when the process moves forward.
Final Thoughts
Divorce and family law matters are complex, and the discovery process can be daunting. However, with careful planning, open communication, and the guidance of a skilled attorney, you can navigate it successfully. Always consult your attorney to determine the best course of action for your unique situation.