Discovery in divorce is an important tool for attorneys that are often underutilized. Practitioners overlook the discovery process and often do not know what they are looking for or how the discovery process works. Discovery mistakes can be costly for a client and time consuming. Thoughtful discovery will provide the necessary and important information for a client in dividing their assets.

In 1988, family law practitioners were granted the right to discovery through 23 Pa. C. S. 3505(c). Although that statute was later suspended by the Pennsylvania Supreme Court, discovery was later permitted in economic claims, complex support cases and only by leave of court in custody cases. It is quite unbelievable that family law attorneys did not have the right to discovery in divorce cases prior to 1988.

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