Discovery and Divorce – What You Need To Know

The term “discovery” refers to the process of gathering information which is relevant to your case. Discovery is a very important tool that allows each party to obtain information from the other party about facts and issues which are relevant to the case. There are many different types of discovery which a party may use to learn about the strengths – and potential weaknesses – in their case. In this article, we answer a few questions that people frequently ask about the discovery process during their divorce case.

1. What types of “discovery” can I use to help my case?

There are many different types of discovery which a party can use for their case. Through the discovery process, you can send the other party written questions about the case called “interrogatories” which the other party must answer in writing. For example, a party to a divorce case may want to ask the other party questions about their assets, the facts contributing to the breakdown of the marriage and other important issues.

Another frequently used form of discovery are requests for production of documents. By sending requests for production of documents to the other party, you can obtain important documents which the other party has in their possession and may help prove some of the claims you are making in your case. Documents which are commonly requested in divorce cases include, but are not limited to, pay stubs, bank statements, mortgage statements and other financial information about marital assets.

There are other forms of discovery as well. Knowing what forms of discovery to use in your case – and the right questions to ask – is critical to getting important information about your case.

2. When can I send the other party discovery requests?

Parties to a divorce case can send their discovery requests out at various times throughout the case. Sometimes, a party will send their discovery requests to the other party at the same time that they start their case through the filing of a Complaint for Absolute Divorce. Other times, a party may wait until after the case has started to send out discovery requests.

It is important to note that there is a limited time window during which each party my submit discovery requests to the other party. Oftentimes, the Court will hold a Scheduling Conference and issue a Scheduling Order which includes a discovery deadline. It is very important that each party wishing to obtain information from the other party comply with all deadlines set by the Court.

3. Do I need to respond to the other party’s discovery requests?

Yes, a party receiving discovery requests from the other party must respond in a timely fashion. Generally speaking, each party is provided with thirty (30) days to respond to the other party’s written discovery requests. It is important to provide full, complete and timely responses to any discovery requests received. Failure to respond to discovery may result in the other party filing a motion with the Court to compel the production of the discovery responses.

Discovery in divorce cases can be an extremely effective tool to obtain important information. It is extremely important that you have a knowledgeable and experienced attorney in your corner as you go through the divorce and discovery processes. Robert Greenberg, Esq. and the Greenberg Legal Group have extensive experience representing clients in divorce matters. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.