Legal Question in Family Law in New Jersey

Re: Is Discovery compulsory?

While "discovery" may not be required, financial disclosure is. The preparation and exchange of Case Information Statements assures that both parties are fully aware of all assets. This guards against the possibility that one spouse will come back years later, argue that he or she was unaware of some hidden asset and ask to reopen what was presumably agreed upon. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner

Re: Is Discovery compulsory?

Thank you for your e-mail inquiry regarding discovery and divorce proceedings. Discovery is a right in the process of divorce; the goal is to reach an agreement (or have a trial). Normally the process of discovery is necessary to assist both parties and their counsel in negotiating a fair and satisfactory agreement. Once you have an agreement, the necessity of discovery is probably moot, unless one of the parties wants to upset the agreement and re-negotiate other terms. Please do not rely on this advice without consulting with an attorney to discuss your particular issues. No attorney/client relationship has been created. If you wish to arrange for a consultation, please call 856-795-6700 to arrange an appointment with me or one of our family law attorneys. Good luck to you. K.Scheiner, Managing Partner Family Law Dept, Gerstein Grayson, LLP