The process of “discovery” happens throughout the process of a divorce. It’s the legal process through which each party collects the information it needs to form a case. It should be noted that discovery is sometimes done on an informal basis, but for purposes of this post, we are discussing formal discovery. Formal discovery will almost always involve a Request for Production of Documents, which requires a spouse to provide the other with certain requested documents for the review.
In addition to this request, discovery can also include processes like the following:
- Written interrogatories, which are questions a spouse must answer while under oath.
- Requests for admissions, which are documents that require spouses to either admit to or deny certain facts. For example, this could compel a spouse to admit he or she sold a specific item for a certain amount of money, which could be a key consideration in the asset division process.
- Depositions, in which a spouse testifies under oath about certain aspects of the marriage. These deposition sessions typically take place at an attorney’s office.
What documents will be requested?
Below are some examples of documents you can expect to be involved during the discovery phase:
- Financial documents: Examples include investment account statements, personal and business tax returns, pension account statements, loan statements, documents demonstrating proof of interest in businesses, credit card statements and business valuation statements.
- Property documents: Deeds, mortgage paperwork, liens and other property-related documents will almost certainly be requested as part of the discovery process. In some cases, the request could include documents dating back 10 years or more.
- Medical documents: In the event a spouse is claiming inability to work, mental illness, substance abuse, or other medical-related claim, a spouse may be asked to provide medical records or sign authorizations to allow the requesting spouse to seek out the records on their own.
For more information and guidance on what to expect out of the discovery phase, work with a skilled Minnesota divorce attorney at Appelhof, Pfeifer & Hart, P.A.
