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What happens during the divorce discovery process?

On Behalf of | May 6, 2025 | Divorce

The divorce discovery process becomes particularly crucial in high-asset divorces, where substantial wealth and complex financial holdings require thorough investigation. This legal procedure enables both parties to exchange comprehensive information about finances, helping ensure fair division of marital property based on complete transparency.

Discovery serves as the foundation for equitable settlements, allowing attorneys to uncover hidden assets, offshore accounts and business interests that might otherwise remain undisclosed. The process can be time-consuming and expensive, but it’s essential for protecting your financial interests when significant assets are at stake.

Document production requests

During high-asset divorce discovery, document production becomes extensive and detailed. Attorneys typically request multiple years of bank statements, tax returns, investment portfolios and business financial records. This includes documentation of real estate holdings, retirement accounts, stock options and ownership interests in private companies. Requested materials often extend to personal correspondence, such as emails and text messages that might reveal concealed assets or financial activities.

Interrogatories and admissions

Interrogatories involve written questions about finances, employment history and marital circumstances that must be answered under oath. In high-asset cases, special interrogatories probe deeper into business valuations, inheritance details and complex income sources beyond standard questionnaires. Requests for admission establish agreed-upon facts to streamline the process, though these are less common in contentious high-asset divorces where few details go uncontested.

Depositions and expert testimony

Depositions play a vital role in high-asset divorce proceedings, allowing attorneys to question witnesses under oath about financial matters. Business valuators, forensic accountants and other financial experts often provide testimony to assess company worth, trace asset origins and identify income streams. These depositions can last up to seven hours per session and may require multiple sessions for complex cases.

What are the consequences of non-disclosure

The discovery process occurs under penalty of perjury, making truthful disclosure mandatory. In high-asset divorces, attempts to hide wealth or provide false information typically result in severe consequences, including sanctions, adverse judgments and potential criminal charges. Courts may award larger settlements, attorney’s fees and punitive damages to the non-offending spouse.

During this process, working with experienced divorce attorneys who understand complex financial matters becomes essential for protecting your interests and reaching fair settlements based on complete financial disclosure.

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