What is Discovery in Maryland Divorce?

Discovery is the stage of divorce litigation where information is exchanged between the parties so that each side can learn more about the other’s position. This process is meant to ensure that both spouses are fully informed about financial matters and other relevant issues in the case to negotiate a fair settlement. If the divorce is not resolved outside of court, the evidence obtained through the discovery process can help the parties prepare for litigation. Importantly, there are specific tools and procedures that are used during discovery in divorce to obtain the necessary information.

What Information is Exchanged During Discovery?

Discovery in divorce requires that you and your spouse each make full disclosure when it comes to your financial situations. Since marriage is an economic partnership, financial details such as income, debts, assets, and liabilities must be exchanged. Although discovery requests should be tailored to the facts and circumstances of every case, documentation typically sought can include:

• Federal and state tax returns
• Employment history
• Paystubs, W2s, and 1099s
• Other income sources
• Retirement accounts
• Investments, stocks, and bonds
• Mortgage documents
• Bank and credit card statements
• Loans
• Business interests
• Life insurance
• Property valuations

Financial information in discovery can help to promote an equitable division of marital property and potentially uncover hidden assets. It can also allow you and your spouse to investigate each other’s finances to determine alimony and child support. If child custody is in dispute, information sought in discovery may include school records, medical records, police reports, social media posts, and any relevant information that demonstrates parental fitness.

What Tools are Used in the Formal Discovery Process?

Any information or documentation that is relevant to the issues in the case may be sought in discovery in divorce. While spouses do not always willingly provide the information, there are several legal mechanisms that can be used to compel discovery. These include interrogatories, requests for production, depositions, requests for admission, and subpoenas.

Interrogatories

Interrogatories are a series of written questions that must be answered under oath, within thirty days. But you and your spouse cannot ask each other just anything — parties don't have to answer questions seeking information that would be objectionable or irrelevant to the divorce action. Typically, interrogatories will include questions about finances and personal conduct that might affect custody or visitation rights. Because interrogatories need to be answered following a particular format, it’s essential to work with your attorney to be sure you're providing thorough information.

Requests for Production

Requests for production of documents are exactly what they sound like. Through your attorneys, you and your spouse can ask each other for documentary evidence, such as bank, investment account, retirement account, and credit card statements; pay stubs; income tax returns; and any other documents relevant to the issues of alimony, property division, custody, or child support. Critically, you may not deliberately destroy, withhold, conceal, alter, or fabricate documentary evidence in a divorce (or any other) case.

Depositions

Depositions are a crucial part of discovery in divorce. They involve one party's attorney asking the other party verbal questions under oath, outside the courtroom. Both parties are usually present together with their attorneys and a court reporter who transcribes the proceedings. The primary objective is to gather testimony that can be used for settlement negotiations — or to impeach a witness if they later provide inconsistent testimony at trial.

Requests for Admissions

Requests for admissions set forth a list of alleged facts and require the other party to admit or deny under oath that they are true. This discovery tool can be used to establish the facts that you and your spouse agree upon in order to save time and money in litigation. Significantly, if a party admits to a fact, it is deemed to be proven and would not be in dispute at trial.

Subpoenas

A subpoena is an order issued by the judge that is used to compel an individual or entity to produce documents or provide testimony. They can be helpful tools when a spouse may be withholding information. Specifically, subpoenas are used to obtain discovery from third parties such as employers, banks, medical professionals, and others who have documents or information relevant to the case.

What Happens if a Spouse Refuses to Comply with a Discovery Request?

Refusing to comply with a discovery request can result in legal and financial consequences. For instance, if you refuse to respond to a request for admission of facts within the specified time, the court may deem the alleged facts as admitted — even if they are detrimental to your position in the case. Failure to comply with other discovery requests can ultimately lead the court to impose sanctions or hold you in contempt. If your spouse must file motions to compel discovery, you might even be forced to pay the attorney fees that are associated with their attempts to get you to comply.

What is Informal Discovery?

Discovery is one of the things that can make divorces so costly and time-consuming. It can take an attorney several hours to draft discovery requests, sift through documents to isolate relevant information, and file motions to compel the other party to comply. While the time spent on discovery matters can quickly add up, you and your spouse might simply come to terms with the fact that you are both entitled to certain information about each other.

With informal discovery, both parties agree to exchange the necessary documents. This can save a substantial amount of time and money — and may even pave the way for a more amicable divorce overall. Although formal discovery may still be called for if you don’t trust that your spouse will be honest or cooperative, it’s best to discuss your options with your attorney.

Contact an Experienced Maryland Divorce Attorney

Discovery in divorce can be complex — and it’s vital to have a compassionate and knowledgeable attorney who can help you navigate the process. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide high-quality legal services for a broad scope of divorce and family law matters and are dedicated to walking with our clients every step of the way. Trained in collaborative divorce, mediation, and traditional divorce litigation, we will work with you to find a tailored strategy that will ensure the best possible outcome in your case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.