Search Site

What Happens During the Discovery Phase of a Divorce?

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Attorneys
Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.


Contact us

Quick Contact Form