Discovery

Discovery is how both sides in a contested divorce gather the information they need to negotiate or litigate. It's the formal legal process of requesting and exchanging financial documents, records, and testimony. In a divorce, discovery typically focuses on income, assets, debts, and spending — everything needed to fairly divide property and calculate support.

Common discovery tools include: interrogatories (written questions your spouse must answer under oath), requests for production of documents (such as bank statements, tax returns, and retirement account statements), requests for admissions (asking your spouse to confirm or deny specific facts), and depositions (in-person questioning under oath with a court reporter present).

Discovery can be informal (a voluntary exchange of documents both sides agree to share) or formal (court-supervised, with legal penalties for non-compliance). In uncontested divorces, discovery is usually minimal or waived entirely. In contested divorces — especially those involving significant assets, business income, or suspected hidden accounts — discovery can be extensive and expensive.

Discovery is how you uncover hidden assets, verify income claims, and build a complete financial picture before settling. If you suspect your spouse is hiding accounts, underreporting self-employment income, or transferring assets to family members, discovery tools — including subpoenas to financial institutions — can surface what's been concealed.

Participating in discovery fully and honestly is a legal obligation. Hiding documents, providing false answers under oath, or destroying evidence can result in serious court sanctions — including the court assuming that what was hidden was unfavorable to the party who withheld it.