Discovery During the Divorce Process – Frequently Asked Questions

Divorce is stressful enough without wondering what happens to your financial records, texts, or property once the process begins. Discovery – the phase where both spouses exchange information and documents relevant to the case – is often one of the most confusing and time-consuming parts of a divorce. It can involve financial disclosures, depositions, document requests, and more, all governed by specific rules and deadlines. Below are some frequently asked questions that our firm receives about discovery in divorce cases.

1. What is “discovery”?

The term “discovery” refers to the process of gathering and providing information which is relevant to your case. Through the discovery process, each party can obtain information and documents from the other party which can have a significant impact on the outcome of the case. There are many different types of discovery which a party may use to learn about the strengths – and potential weaknesses – in their case.

2. What types of “discovery” can I use to help my case?

There are many different types of discovery which a party can use for their case. Through the discovery process, you can send the other party written questions about the case called “interrogatories” which the other party must answer in writing. For example, a party to a divorce case may want to ask the other party questions about their assets, the facts contributing to the breakdown of the marriage and other important issues.

Another frequently used form of discovery are requests for production of documents. By sending requests for production of documents to the other party, you can obtain important documents which the other party has in their possession and may help prove some of the claims you are making in your case. Documents which are commonly requested in divorce cases include, but are not limited to, pay stubs, bank statements, mortgage statements and other financial information about marital assets.

There are other forms of discovery as well. Knowing what forms of discovery to use in your case – and the right questions to ask – is critical to getting important information about your case.

3. When can I send the other party discovery requests?

Parties to a divorce case can send their discovery requests out at various times throughout the case. Sometimes, a party will send their discovery requests to the other party around the time that their divorce case starts. It is important to note that each case has a specific time window during which each party my submit discovery requests to the other party. Oftentimes, the Court will hold a hearing and issue a Court Order which addresses the discovery timeline. It is very important that each party wishing to obtain information from the other party comply with all deadlines set by the Court.

4. Do I need to respond to the other party’s discovery requests?

Yes, a party receiving discovery requests from the other party must respond in a timely fashion. It is important to provide full, complete and timely responses to any discovery requests received. Failure to respond to discovery may result in the other party filing a motion with the Court to compel the production of the discovery responses.

Discovery in divorce cases can be an extremely effective tool to obtain important information. It is extremely important that you have a knowledgeable and experienced attorney in your corner as you go through the divorce and discovery processes. Our team at the Greenberg Legal Group LLC has extensive experience representing clients in divorce matters. Our firm is located in King of Prussia, Pennsylvania and practices in Montgomery County, Bucks County, Chester County and other counties throughout the State of Pennsylvania. Please contact our office at (610) 460-0135 for further assistance.