Discovery during divorce
by Lauren Spradling, Divorce Attorney
One of the biggest issues I consistently see in divorce cases is the discovery process. Particularly written discovery. Written discovery consists of interrogatories, requests for production, and admissions. Interrogatories are a series of questions about the break down of the marriage, custody particulars (strengths and weaknesses as a parent, who took care of what, etc.), income and employment, financial and retirement accounts, physical assets, witnesses, and trial exhibits. Requests for Production are the requests for physical documentation. Financial documents such as tax returns, pay stubs, bank statements, credit card statements, etc. are all usually requested. Also frequently requested are text messages, emails, and recordings you have in your possession. These questions are usually the ones where most people get overwhelmed because several years of documentation are requested. Most interrogatories and requests for production come from a standard set of questions with some personalized questions regarding your particular case thrown in. Finally, the third type of written discovery are admissions. Admissions are a series of fact based questions such as, “Admit or deny that you threw a vase at your husband.” These questions are less frequently used unless there is a particular topic or incident that really needs to be nailed down.
All discovery requests should be answered within thirty (30) days from when they were noticed to the court. In the case of admissions, if they are not answered within thirty days then the court can say that those statements are true even if they are not. Extensions can be requested, and frequently are, if you cannot get the answers and documentation together within thirty days. It is important to get your answers and documentation to your attorney as soon as possible because they still have to review them before turning them over to opposing counsel.
You may say I don’t even know where to begin. Start small. First list out what accounts you know exist and as much information as you know about them. Go through your phone and screenshot text messages with date and time the messages were sent. It may seem overwhelming and unnecessary, but it is always better to turn over more and not need it than to leave out a statement or text message and that be what was needed during trial to bolster your testimony. When you are making decisions about how to divide your assets, it is important to know what is out there and how much is out there. Discovery is how we find that information which is needed regardless of if you settle the case or if it goes all the way to trial.
If you want to learn more, please come join us for the next Second Saturday Divorce Workshop. We will be discussing this and many more topics involved in divorce so you can feel more informed as you start or continue in this journey.
The information contained in this material is being provided for general educational and informational purposes only, with the specific understanding that it is not intended to be used or interpreted as specific legal advice. Lauren Spradling and Women's Wealth Boutique are not affiliated entities.
This content was generated with AI assistance. While we strive for accuracy, AI may not capture all current laws and market conditions. This information is for informational purposes only and should not be considered personalized financial advice. Always consult a licensed financial advisor for decisions tailored to your unique situation and goals. AI is used to enhance insights, not replace professional guidance.