What Is Discovery In A Maryland Divorce?
Discovery in a Maryland divorce refers to the point at which information is exchanged between the two parties so that each side can understand the other’s position. The discovery process is meant to ensure both spouses are fully informed concerning the other’s financial matters and other relevant issues so that a fair settlement can be negotiated. If the divorce is not resolved in mediation, the evidence obtained during the discovery process can help the parties prepare for the inevitability of litigation. Discovery employs specific tools and procedures that are used in the process to obtain necessary information.
What information do you exchange during discovery?
The discovery process requires you and your soon-to-be former spouse to each make full disclosure when it comes to your finances. Since marriage constitutes an economic partnership, financial details (income, debts, assets, and liabilities) must be exchanged. Requests for discovery must be related to the divorce case. Typically, attorneys will ask for the following information:
- Federal and state tax returns
- Employment history
- Paystubs, W2s, and 1099s
- Other income sources
- Retirement accounts
- Investments, stocks, and bonds
- Mortgage documents
- Bank and credit card statements
- Loans
- Business interests
- Life insurance
- Property valuations
Having full financial disclosure helps to promote an equitable division of marital property and potentially find hidden assets. It can also allow you and your spouse to investigate each other’s finances, so you can determine whether or not you will pay alimony and child support, and if so, how much.
If there is a dispute over child custody, the information sought during discovery may include:
- School records
- Medical records
- Police reports
- Social media posts
- Any other information that demonstrates parental fitness or unfitness
What tools are used during discovery?
An attorney can request any documentation relevant to the case. While spouses don’t always willingly provide the information, there are many legal procedures you can use to compel discovery. These include the following:
- Interrogatories – Interrogatories are a series of questions answered under oath within 30 days. You can’t ask just anything; it must be relevant to the case. Interrogatories typically include questions regarding finances and personal conduct that could affect a custody outcome.
- Requests for production – These are requests for the production of documents. They include bank statements, and information regarding investment accounts, retirement accounts, credit card statements, pay stubs, income tax returns, and any other documents relevant to alimony, property division, custody, or child support.
- Depositions – Depositions involve one party’s attorney asking the other party questions under oath, but outside of a courtroom. Both parties are usually present, as is a court reporter who transcribes the proceedings. The objective is to gather testimony that can be used for settlement negotiations.
- Requests for admissions – These set forth a series of alleged facts and require the other party to admit or deny them under oath. This can be used to establish the facts of a case and determine which issues you actually agree on.
- Subpoenas – An order issued by the judge that is used to compel an individual to provide testimony or produce documents. They are helpful when one spouse is hiding information. Subpoenas are used to obtain discovery from third parties, such as employers, banks, or medical professionals.
Talk to a Bel Air, Maryland Divorce Lawyer Today
The Bel Air family lawyers at Schlaich & Thompson Chartered represent the interests of individuals during their divorce. Call our office today to schedule an appointment, and we can begin preparing you for the process right away.
