“In the family law context, the primary purpose of discovery is to gather as much information
about a case as possible so that attorneys can make appropriate recommendations and clients can
make informed decisions regarding their options, including whether they should settle a case or
proceed to trial.” Mary E. Wilson, Family Law for the Paralegal 185 (3rd ed. 2016). When
reviewing a divorce case like Renee Albertson and Walter Albertson, we see the marriage has
faced years of challenges, including issues of secret finances and possible infidelity. Renee, with
direction from attorney, Juliana Dahl Johnson, is seeking a divorce based on adultery, and as the
paralegal for this case, the discovery plan explained below will help collect the evidence Renee
needs to support a fair outcome.
The main goals of discovery here are to support Renee’s claim of adultery, find any hidden
assets or property, look at Walter’s role in the marriage, and determine if he misused marital
funds. There may be unreported income because of Walter’s secrecy with finances, so our
discovery approach should be extensive. We will use informal and formal discover with the
additional requests to focus on electronic records.
“Informal discover refers to lawful information-gathering efforts not governed by procedural
rules restricting formal discovery methods.” Mary E. Wilson, Family Law for the Paralegal 188
(3rd ed. 2016). This is a great starting point for this case. Several informal discovery methods
can produce valuable insight at a low cost. First, a detailed client interview with Renee will help
develop a timeline of suspicious events, identify key individuals (including Walter’s alleged
romantic partner, Valentina Ferrara), and guide the focus of later discovery efforts. Second, a
complete social media investigation is crucial to this case. Walter’s online presence, including
Facebook, Instagram, and email accounts, could have posts, photos, or messages that suggest
inappropriate conduct or a secret relationship with Valentina. Additionally, Renee can review
any shared household computer for saved emails, browser history, tax files, and financial
spreadsheets. Third, a review of joint credit card and bank account statements can help identify
unusual purchases. Jewelry stores, restaurants, or hotel charges inconsistent with Walter’s daily
routine could support an adultery claim or suggest degeneracy in regard marital assets. Renee has
already seen credit card statements showing such purchases. Fourth, Renee can attempt to locate
documents related to Walter’s new Toyota convertible including titles, registration, and
insurance paperwork. This can help determine whether the car was purchased with unreported
cash income. Finally, any known financial documents like investment statements or tax
assessments for the marital home should be collected and reviewed to thoroughly understand
Walter’s financial habits.
After completing an informal discovery, we would begin formal discovery efforts to
gather more information. Once a complaint has been filed in this case, and the opposing party
has been served, formal discovery efforts can begin. “The five basic formal discovery methods
are: (1) interrogatories, (2) depositions, (3) requests for admission, (4) requests for production of
documents or things or entry upon land, and (5) requests for physical or mental examinations.”
Mary E. Wilson, Family Law for the Paralegal 190 (3rd ed. 2016). We would begin with
interrogatories that will require Walter to respond under oath to questions about his finances and
personal conduct. The main focus of these will be the nature of his relationship with Valentina
Ferrara, sources of income including electrical work, and recent extravagant purchases or travel
expenses. These questions will help establish whether Walter’s reported income matches his
spending habits. We will also send requests for production that will demand supporting
documentation including five years of tax returns, bank and credit card statements, investment
account records, and receipts related to travel, jewelry, and the new vehicle purchase. We will
also request emails or other communications with Valentina, as well as documentation of any
prescriptions (such as medication used to treat sexual dysfunction) that may challenge Walter’s
denial of a physical relationship. Requests for admission will then be sent to obtain more factual
information and reduce the burden of proving certain elements at trial. Walter may be asked to
admit facts regarding travel to Aruba in January 2015, purchases made at specific jewelry stores,
or receiving unreported income from electrical work. These admissions can streamline the trial
and support Renee’s claim of adultery as well as Walter’s hidden assets. If conflicts arise or
Walter fails to provide sufficient responses, depositions may be considered once all other
discovery efforts have been exhausted. We would request depositions of Walter, Valentina, or
third parties, like the mechanic who has provided services in exchange for Walter’s labor. These
depositions could prove helpful in establishing the truth.
Given Walter’s extensive use of a home computer for finances and taxes, electronic
discovery will be crucial as well. Renee reported that Walter uses TurboTax and maintains his
own financial records on his computer. A motion for inspection or forensic imaging of Walter’s
devices may be necessary. This would be required if he refuses to provide the requested data.
Metadata from emails, deleted files, and software history can determine timelines,
communication patterns, and possible intent to conceal information. Phone records and GPS data
could reveal recurring contact with Valentina or visits to her home. We would also request
access to Walter’s cloud accounts including online banking portals, email providers, or financial
apps. These may provide additional evidence of spending or communications that were not
disclosed in previous discovery efforts.
In conclusion, this discovery plan will uncover the evidence Renee needs to prove
adultery and support a fair distribution of marital property. By combining informal and formal
methods, including electronic discovery to address Walter’s secrecy, the truth will come to light.
As the Bible reminds us, “for there is nothing hidden that will not be disclosed, and nothing
concealed that will not be known or brought out into the open.” Luke 8:17 (New International
Version).
Powered by TCPDF (www.tcpdf.org)
