Discovery can be the most useful part of the divorce process. However, it can also be the longest phase of litigation — and is often the most stressful. Discovery allows both parties to exchange information that is relevant to the divorce action so that they can make informed decisions. While the process can be tailored, depending on the issues in the case, it requires the spouses to fully disclose their assets, debts, and other information to each other and the court. If parties will not voluntarily exchange information during the discovery process in divorce, there are certain legal tools that can be used to obtain it.

What is the Discovery Process in Divorce?

Discovery is a crucial phase of divorce. It is a fact-finding process in which each side exchanges documents and information with the other so the parties can present their cases in court. It also helps ensure each spouse is fully informed about the other’s financial situation so they can make decisions accordingly. In addition, the tools available in the discovery process in divorce can help parties uncover undisclosed details and obtain other evidence that is relevant to the case.

Discovery can be carried out informally or formally. If the parties are amicable and willing to resolve their case in mediation, they may willingly share the necessary information with each other. But if spouses are contentious, formal discovery tools may be needed to obtain the information that is being sought. The length of time discovery takes will typically depend upon the amount of discovery and whether parties can cooperate in exchanging it.

What Types of Information Can Be Obtained During the Discovery Process in Divorce?

The types of information that can be obtained during the discovery process in divorce will depend upon the issues that must be resolved in the case. For instance, property division is a key issue in many divorces. In cases involving children, custody and child support may be at the forefront. Disputes regarding alimony can arise in matters where one spouse was financially dependent upon the other during the marriage.

Some examples of information that can be obtained through discovery can include the following:

• Financial documents
• Tax returns
• W-2s and 1099s
• Paystubs
• Bank statements
• Credit card statements
• Real estate documents
• Loan paperwork
• Insurance documents
• Investment information
• Stocks and bonds

If either spouse owns a business or other assets that are difficult to place a value on, an appraisal may be needed as part of the discovery process.

What Discovery Tools Can Be Used?

It’s always best for spouses to work together and voluntarily exchange information when going through the discovery process in divorce. However, if a spouse refuses to cooperate, there are a variety of legal tools that can be used to obtain the information and documents. The following tools can help to gather evidence in discovery and keep the litigation process moving along:

• Depositions — A deposition is a question-and-answer session that usually takes place in a lawyer’s office in the presence of a court reporter who will record everything that is said. Although it is not the same as a cross-examination in the courtroom, the testimony is still taken under oath. The purpose of a deposition is for each side’s attorney to gather information about issues in the case and get an idea of how the party will testify in court.
• Interrogatories — Interrogatories are a series of written questions that must be answered in writing, under oath. They may be used to gather information, discover undisclosed property, and determine how marital assets were used.
• Document demands — A document demand is a formal request for documents related to the issues in the divorce. The request may ask for financial records, personal documents, real estate documents, custody-related materials, correspondence, and more.
• Subpoenas — Subpoenas are court orders that can be used in divorce cases to obtain information the party is not willing to provide voluntarily. They can also be used to obtain information from a third party, such as a bank or financial institution.
• Requests for admission — A request for admission is a written discovery tool that asks the other party to admit or deny certain facts under oath. They can also be used to verify the genuineness of any document included in the request.

If a party refuses to comply with a formal request during the discovery process in divorce, the other spouse can file a Motion to Compel. This asks the court to mandate that the other party produce the discovery. In the event a party still does not comply, they could face sanctions such as contempt of court. A judge may also make an adverse inference — this means the court will assume the party unwilling to disclose the discovery is hiding facts that are unfavorable to them.

Contact an Experienced New York Divorce Attorney

If you are considering divorce, it’s vital to have a skillful family law attorney by your side who can guide you through the process and advise you regarding your rights. At Duke Law Firm, P.C., we are committed to providing our clients with the reliable representation and trusted counsel they need for their divorce and family law matters. Offering personalized legal services in every case, we welcome you to contact us today to schedule a consultation to learn how we can help.