What Is Discovery in Divorce?

During your divorce, your attorney will likely talk about having to do “discovery.” What is discovery in divorce? Discovery is the process in a divorce case where spouses will gather documents and provide them to the other side in an organized manner. Divorce discovery is usually done to identify all debts and assets that need to be separated in the divorce. During the divorce discovery process, each side is allowed to find out as much information as possible prior to trial, and neither side is allowed to withhold information. Doing discovery also helps you and your attorney talk about what a fair settlement offer might be or to respond to a settlement offer from your spouse’s attorney.

Interrogatories, Requests and Subpoenas

Discovery can take many different forms, including interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas. Each of these has time limits to provide responses, typically 30 days.

What are interrogatories?

Interrogatories are a set of written questions that your spouse’s attorney will send to your attorney for you to answer. Your responses to interrogatories will be in writing, under oath and your answers carry the same weight as if you were testifying in court.

What is a request for production of documents?

Requests for production of documents are provided when your spouse’s attorney is seeking documents as opposed to just answers to questions. In a divorce, it is important that both attorneys have a copy of all documents in order to prepare a settlement offer or prepare for trial. You cannot hide documents and must produce the documents that are requested that are in your possession. Discovery documents in a divorce case typically include tax returns, income statements or paystubs, bank statements, and credit card statements, to name a few.

What is a request for admission?

Requests for admissions are questions sent from your spouse’s attorney for you to answer simply whether you admit or deny certain questions. These are not always used as a discovery tool, but when they are it is important to answer them truthfully. Your answers are also provided under oath.

What is a deposition in a divorce case?

Depositions might be set in your case if one attorney wants to ask you questions in person before trial. Typically, these are completed after all the written discovery is done but a deposition is not always done in every divorce case.

If you are required to appear for a deposition, you and your attorney will discuss what to expect. A court reporter will be present and will record everything that is said so that there is a written record later of all the questions and answers. Your testimony at a deposition is under oath and can be used later at trial. The judge is not present at a deposition and it usually takes place in one of the attorney’s offices.

What is a subpoena in divorce?

Subpoenas are a request sent to someone other than your spouse. Typically, subpoenas are sent to a bank to request bank statements or to a business to request personnel information. Depending on the circumstances of your case, it may be appropriate to send a subpoena to get documents. A subpoena is a cost-effective way of making sure you get complete records. Your attorney will help determine if a subpoena should be sent in you case.

Discovery Tools

The discovery process in a divorce case can take many forms. If one attorney needs to find out information related to the case, there is typically a way to get that information. It is unlikely debts or assets can be completely hidden and they are usually traceable. If you think your spouse is hiding assets, it is important to tell your attorney why you believe that so your attorney can determine what discovery methods can be used.

If you are contemplating divorce and prepared to discuss the process, contact our office to talk with our experienced divorce attorneys. It is often very helpful to ask your questions in a consult long before filing for divorce. Information you can find on the internet may not apply to your case and it is important to discuss the unique aspects of your case with an attorney.