Discovery is a word attorneys through around and often do not take the time to explaint its functions to their clients. Discovery is both written (answers to questions from the opposing counsel, documents requested from you by the opposing counsel) and oral (depositions of necessary parties and witnesses). The process is tedious for attorneys and clients alike. The process is often costly. However, discovery enables your attorney to have access to information that is often necessary to resolve your case or to try your case.
For example, in most marriages one party or the other is primarily responsible for the bills. Discovery enables the other party to ascertain a financial picture of the parties' marital estate and assists attorneys in evaluating and advising on property distribution as well as spousal support.
Should you choose to settle your case without the completion of full discovery, your attorney will likely include a waiver in his/her marital dissolution agreement or a separate signed waiver which will advise you, the client, that by entering into a settlement without completing discovery then you are aware you that there may be assets and/or liabilities that are not known to you.
It is most helpful to your attorney if you are able to collect documents requested by the opposing counsel yourself and organize them to make it easier on your attorney to review and digest the information.
