In a contested divorce, one of the most significant — and often most stressful — phases of the legal process is discovery. Discovery is the formal process through which each party obtains information from the other to prepare their case. It can be time-consuming, expensive, and emotionally demanding, but it serves a critical function: ensuring that both sides have access to the facts they need for a fair resolution. Understanding what discovery involves can help people navigate it more efficiently and reduce the anxiety that often accompanies it. Below, our friends at Merel Family Law explain what to expect during the discovery process in a contested divorce.
Discovery in a contested divorce typically encompasses financial information first and foremost. Courts require full and honest disclosure of each party’s income, assets, debts, and expenses. Marital assets that must be identified and valued for division may include real estate, retirement accounts, investment portfolios, bank accounts, business interests, vehicles, and valuable personal property. The goal of financial discovery is to create a complete picture of the marital estate so that it can be divided equitably.
There are several formal discovery tools that attorneys use in contested divorce cases. Interrogatories are written questions that the opposing party must answer under oath within a set period, typically 30 days. They are commonly used to gather basic financial information, identify witnesses, and establish a factual foundation for the case. Requests for production of documents ask the other party to provide specific documents — bank statements, tax returns, pay stubs, credit card statements, retirement account statements, and any other financial records relevant to the case.
Depositions are another common discovery tool, particularly in complex cases. In a deposition, a party or witness is questioned under oath by the opposing attorney, with a court reporter transcribing every word. Depositions are used to lock in testimony before trial, assess the credibility of a witness, and gather information that cannot be obtained from documents alone. While depositions can be intimidating, preparation with your attorney beforehand makes the process significantly more manageable.
Subpoenas are used to obtain information from third parties who are not directly involved in the case. Banks, employers, financial institutions, and other organizations may be subpoenaed to provide records. This tool is particularly valuable when a party believes the other spouse may not be fully forthcoming with financial information, or when independent verification of claimed income or assets is needed.
In cases where there is reason to believe that assets are being hidden or undervalued, forensic accountants are sometimes brought in as specialists. Forensic accounting involves detailed analysis of financial records to identify discrepancies, trace asset movements, and uncover hidden accounts or income. Business valuations may also be required when a family business is part of the marital estate, often involving business valuation specialists who review financial statements, industry comparables, and other relevant data.
Requests for admission are written statements that a party is asked to admit or deny. They can be used to establish certain facts as undisputed, narrowing the scope of what must be litigated. This can save time and money by eliminating the need to prove facts that both parties actually agree on.
Throughout the discovery process, it is essential to be organized and responsive. Missing deadlines for producing documents or responding to discovery requests can result in court sanctions and reflects poorly on a party’s credibility. Working closely with your high conflict divorce lawyer to understand what is being requested, gathering documents promptly, and reviewing all responses carefully before they are submitted can prevent costly mistakes.
It is also important to be honest. Attempting to hide assets, destroy records, or provide false information during discovery can result in serious legal consequences, including contempt of court, adverse findings, and in extreme cases, criminal charges. Courts take financial disclosure obligations in divorce proceedings very seriously.
Discovery can feel invasive and burdensome, but its purpose is to create the factual foundation for a fair outcome. Understanding the process, working efficiently with legal counsel, and approaching it with transparency are the most effective ways to move through this phase and toward a resolution.