Discovery is a part of divorce where spouses and their attorneys exchange important financial information. This is done to aid with negotiations and decisions about property division, spousal support, and children. The discovery process may be an informal exchange or a court-ordered process, depending on your situation. It’s easier to navigate these processes with an experienced Springfield, MO, divorce attorney.

The financial and other supplemental information exchanged in discovery helps attorneys understand the financial standing of each spouse. They can then begin to plan requests in negotiations or litigation that are fair and necessary for financial support. It can also gather information on any claims being made and determine what evidence the other attorney has.

When Formal Discovery Is Required

Formal discovery, which is ordered by the court, is always necessary in a contested divorce. A contested divorce is filed in one of the following cases:

  1. Spouses cannot agree on the terms of their separation agreement, such as property division or child custody.
  2. One spouse does not want to get a divorce.

If spouses can agree on the terms and are willing to negotiate the specifics outside of court, this is an uncontested divorce. Court-ordered discovery is not required in an uncontested divorce, although spouses must still exchange this information. Spouses tend to voluntarily provide information in an informal discovery when they trust each other to provide information and wish to resolve a divorce more quickly.

You can choose to get court-ordered discovery, even if your divorce is uncontested. This may be necessary for couples who have complex assets or have concerns about hidden assets. It can also simply give you peace and confidence that all assets are properly inventoried and valued.

If your discovery process is court-ordered, you are required to comply with the process, which can be lengthy. A complete and total disclosure of financial information is required in formal and informal discovery, but failing to adhere to this requirement in formal discovery can lead to serious consequences. Formal discovery also includes more legal tools for attorneys to find important information which can support a divorce case.

Formal Discovery Tools

The tools in discovery are especially crucial if your spouse is not being forthcoming with documents, information, and other evidence. Interrogatories and depositions are the most frequently used tools in formal discovery, but an attorney can use any of the tools available. These include:

  1. Interrogatories: These are a set of questions answered in writing and under oath. Each party can ask the other spouse questions, typically related to financial information. The court typically limits these questions or has a set of standard questions that parties can ask each other.
  2. Request for the Production of Documents: This requests a spouse and their attorney to produce a specific document. This request must be in good faith, meaning that it is something they are able to secure and produce. The requested items are typically financial documents to support the information secured in interrogatories.
  3. Requests for Admission: These are short statements or questions that the other party either confirms or denies. This helps each attorney establish certain facts and identify issues in the case.
  4. Depositions: Depositions are statements made under oath by each spouse and other parties relevant to the case. These are generally in-person or over a video call, with a court reporter present. A deposition can last several hours as an attorney establishes more in-depth information about the case. Because these are under oath, the information can be used to hold a spouse in contempt of court if their testimony during the case contradicts their statements in depositions, and this contradiction was not an honest mistake. It’s important to prepare accordingly for a deposition.
  5. Subpoenas: These are similar to requests to produce documentation, but they are made to a third party rather than a spouse. This is necessary if a spouse is not fulfilling the requirements of formal discovery. Documents can be obtained directly from parties like banks or schools.

FAQs

Q: Is Discovery Worth It in a Divorce?

A: Discovery is always a part of divorce. It provides each attorney with financial information, although it may be court-ordered or informal. If you and your spouse’s divorce is contested, then you must use formal court-ordered discovery. However, you can choose whether to use formal or informal discovery if your divorce is uncontested. While formal discovery is more time-consuming, it may be necessary and worth it if you are concerned about incorrectly valued assets, missing important assets in an inventory, or hidden assets by your spouse.

Q: What Does Discovery Show in a Divorce?

A: Discovery shows important information about the finances of both spouses, ensuring that both sides of the divorce case have a full idea of their assets, income, debts, and expenses. In a divorce with accusations of misconduct or criminal actions, discovery can also provide additional information to support or detract from these claims. Discovery may look over documents such as:

  • Tax returns and income
  • Bank account information
  • Employment histories
  • Real estate and property
  • Loans
  • Investment accounts
  • Business interests
  • Insurance information
  • Healthcare costs

Q: Who Loses the Most in a Divorce?

A: Spouses are affected by divorces differently, but the legal process of divorce is intended to affect each spouse fairly. Property division and spousal support are meant to provide each spouse with a fair level of support. Unfortunately, this is not always how couples are affected. A study states that women are more likely to be financially affected by a divorce, while men are more likely to be affected emotionally. Each divorce will have unique impacts on individual spouses, and an attorney is crucial for protecting your financial interests.

Q: What Are Two Disadvantages of Discovery?

A: Two disadvantages of discovery are:

  1. The process of formal discovery takes longer, is generally more expensive, and can be more stressful than informal discovery.
  2. Spouses can use formal discovery to drag out a divorce by requesting numerous documents and lots of information that your attorney must take the time to find or risk being held in contempt of court.

You can talk with an attorney to determine what type of discovery is right for your case and how to protect yourself from a vindictive spouse.

Contact Stange Law Firm in Springfield, MO

Navigating the tools of formal discovery is a much clearer process with skilled legal representation. Your attorney can help you determine what tools are necessary and what you can do if you suspect that assets have been hidden. Contact Stange Law Firm today.