What to Expect During the Discovery Phase of a Divorce

A divorce can be a challenging time filled with uncertainty and emotion, but understanding the legal steps involved can help ease some of the stress. One crucial stage of the divorce process is the discovery phase. This is the formal process during which both parties exchange information to ensure transparency regarding finances, property and other relevant matters. At Mahoney Richmond Thurston, PLLC, we know how vital this phase is for building a fair and legally sound resolution tailored to your specific needs. By breaking down what happens during the discovery phase, we aim to help you feel more confident and prepared. 

What Happens During the Discovery Phase?

Discovery allows both spouses to gather comprehensive information about each other’s financial and personal situations. This mutual sharing ensures that any decisions, whether about property distribution, support or other matters, are made based on accurate and complete information. Below, we’ll outline what you can expect during this phase. 

1. Gathering Financial Documents

Financial transparency is the backbone of the discovery process. You will likely be asked to provide a range of documents, including bank statements, tax returns, pay stubs, retirement account balances and valuations of any investments. This documentation ensures that the court has a clear picture of your financial standing. 

Requests for financial documents might also include business ownership interests, real estate deeds, loan records and even electronic files like emails or text messages if they are relevant. Your spouse’s legal team might make similar requests of you, which are legally required to be fulfilled unless deemed too burdensome or irrelevant by the court. 

2. Answering Interrogatories

Interrogatories are written questions that each spouse must answer under oath. These questions often focus on employment, income, expenses, child care arrangements or other matters pertinent to the marriage and divorce. These questions are usually detailed and thorough. For instance, instead of just asking where you work, your spouse may ask about your employment history, earnings and any benefits received. Answering these questions accurately is critical, as providing false information can lead to legal consequences. 

3. Submitting to Depositions

Depositions are an opportunity for attorneys to ask questions directly to the other party under oath. During a deposition, your attorney will prepare you for the questions you might face and will also have the opportunity to ask questions of your spouse. Depositions can also involve witnesses, like forensic accountants or child psychologists, if their input is relevant to the case. 

These formal meetings, typically held outside of court, are recorded and can be used in trial if necessary. While depositions may feel intimidating, they are an important tool for gathering precise, firsthand information. 

4. Requests for Admissions

Requests for admissions serve as a means to confirm or deny specific statements. For example, one party may ask the other to admit to owning a piece of property or to verify the value of certain assets. These admissions help narrow down disputes so the focus can remain on unresolved issues. Failing to respond to these requests within the required timeframe could result in automatic admission of the statements. 

The Purpose of Discovery

The ultimate goal of discovery is fairness. By ensuring that both parties have a full understanding of the marital assets, income and any other pertinent factors, the court can make informed decisions that reflect the best interests of everyone involved, including children. Whether negotiating a settlement or preparing for trial, the discovery process lays the groundwork for a just and equitable resolution. 

How We Can Help

At Mahoney Richmond Thurston, PLLC, we understand how overwhelming the discovery phase can feel. Our experienced legal team is here to guide you through this detailed process, ensuring your rights and interests are protected at every step. With decades of experience in family law and a commitment to personalized service, we work tirelessly for the best possible outcome for our clients. 

If you’re navigating a divorce and have questions about the discovery phase or any other aspects of the legal process, contact us today. Let us be your trusted partner during this important time in your life.