An essential part of the litigation process – in divorce cases and otherwise – is known as the discovery phase. This phase will probably take more time than any other aspect of your divorce proceeding. “Discovery” is just that – an opportunity for the parties to “discover” what the other side has. 

For instance, if you have insufficient knowledge about your spouse’s sources and amount of income, in discovery you are permitted to delve into such issues and to demand that he or she produce information, under oath, as to their earnings for a reasonable period of time. You may also demand that documents be furnished, such as paycheck stubs, retirement statements, commission and bonus reports, etc.  Or let’s say you are seeking sole custody of your children because of a drug or alcohol problem that you believe your spouse has. You have seen all the signs of abuse, but have nothing to prove it. You can, in the discovery process, seek medical records, drug treatment information, prescription records, etc. In other words, in order to settle all of the issues material to your divorce, the discovery process will enable you – and your spouse – to obtain greater access to information than you might not otherwise have without the court’s assistance.

The different discovery tools available to a litigant are as follows:

Interrogatories:  Interrogatories are written questions that you send to your spouse, who then has a specified time (typically 30 days) to respond with answers or object to the questions. You can ask about anything related to the division of property, such all existing interests in bank accounts, or the names of all limited partners in a business your spouse is involved in.

Requests for Production:  You have a right to ask your spouse for written financial records – tax returns, bank statements, brokerage statements, retirement account statements, and anything else that will provide information that you need to engage in an informed negotiation.

Depositions:  You can ask your spouse to appear and answer questions under oath about anything related to the divorce. You can also ask other people who have information about your marital finances to appear for questioning. Depositions take place in a lawyer’s office (usually the lawyer who has requested the deposition), not in court, but the person being questioned is under oath and everything they say is taken down by a court reporter just as in a courtroom.

Subpoenas:  You can get information and documents from people – and institutions – who aren’t involved in your divorce, like banks and credit card companies, by using subpoenas.

No matter where you live in Massachusetts, contact the divorce lawyers from The Massachusetts Family Law Group.  We’ve dealt with just about every discovery challenge you could imagine as it relates to our divorce and family law representation.  Our offices are in Dedham, Andover, Worcester, Springfield, Plymouth and on Cape Cod.

We accept all major credit cards and offer a 30-minute no-obligation initial consultation.  Contact us to schedule an appointment, or call (800) 910-DIVORCE.