The Supreme Court Rules contains the standard Interrogatories that must be used in a divorce proceeding unless a party is permitted by the court to ask for different information. For example, Interrogatories typically contain a request for the other party to list information such as their employment history, income, bank accounts, and/or retirement assets. Interrogatories, on the other hand, are requests that ask the other party to answer, in written format, specific questions that may be relevant to the divorce case. While a spouse may not physically possess every bank statement for the last 3 years, the documentation is in their control and therefore they are obligated to reach out to the financial institution and request the information. For example, a Notice to Produce in divorce cases typically contains requests for financial documents such as paystubs, tax returns, bank account statements, and/or retirement plan statements. A Notice to Produce requests that the other party produce any and all documents they have, or can reasonably obtain access to, in response to the specific requests set forth in the notice. To begin the process, parties typically issue various requests including a Notice or Request to Produce and Interrogatories. It can be time consuming to prepare and gather as well as for the recipient to review and parties often spend many hours sorting through PDF’s or bankers boxes of documents in order to comply. In a divorce case, typically all income and financial assets are relevant, even if they are non-marital, and at least 3-5 years of information is requested. Discovery is also commonly known as the “information gathering” stage of a case. Therefore, attorneys always recommend that the parties participate in full discovery during the divorce process.ĭiscovery is the process by which parties in a court case can obtain information and evidence that may be relevant to the specific facts or allegations in their case. Further, the exchange of financial information of both parties is necessary in order to reach a fair resolution in the case, whether through trial or settlement. Even in situations where the parties believe they are familiar with the other party’s income and assets, confirming that full disclosure has been made under oath is critical for diligence purposes. There are many reasons why that could be the case, but often times it is because the other spouse was responsible for handling all of the financial aspects of the parties’ lives while they were married. In many divorce cases, one spouse knows very little about the family finances, assets and debts, or the other spouse’s income and employment.
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