Discovery allows spouses in a California divorce to obtain information needed to resolve disputed financial, property, support, and other issues. One discovery method is the use of special interrogatories. Unlike standardized family law form interrogatories, special interrogatories are individually drafted written questions directed to the specific facts and disputes in a particular case.

Special Interrogatories Can Target Specific Disputed Issues

Special interrogatories can be tailored to information that may not be adequately addressed by standardized discovery forms.

For example, when a spouse claims that an asset is separate property, special interrogatories may seek information concerning when the asset was acquired, how it was purchased, the source of the purchase funds, and other facts relevant to the claimed separate property interest.

They can also be useful when investigating reimbursement claims. Questions may address the history of payments on a particular debt and the source of the funds used to make those payments.

Support cases present additional uses. When earning capacity is disputed, special interrogatories may seek information concerning employment history, job-search efforts, contacts with prospective employers, education, training, or other facts relevant to employment opportunities.

Special interrogatories may also be used alongside document demands. A spouse can be asked to explain a transaction through interrogatories while separately being required to produce the bank statements or other documents relating to that transaction.

The Responding Party Must Provide Written Answers

Special interrogatories are formal discovery requests, not informal questions between spouses.

The responding party generally must provide written responses under oath within the time required by California discovery procedures. The answers should be as complete and straightforward as the information reasonably available to the responding party permits.

When only part of an interrogatory can be answered, the responding party should answer that portion rather than refusing to respond to the entire question.

A party may also assert legally appropriate objections. Discovery is broad, but it is not unlimited. An interrogatory may raise issues involving privilege, relevance, burden, privacy, or other recognized protections.

California procedures permit a party—or in appropriate circumstances another affected person or organization—to seek a protective order concerning special interrogatories. The court may issue orders necessary to protect against unwarranted annoyance, embarrassment, oppression, or undue burden and expense.

This provides a mechanism for addressing improper discovery without treating all specially drafted questions as automatically enforceable.

Special Interrogatories Can Work With Other Discovery Methods

Special interrogatories are often most effective when used together with other discovery tools.

Suppose a spouse claims a separate property interest in real estate. Document demands may obtain deeds, escrow records, loan documents, and bank statements. Special interrogatories can seek the spouse’s explanation of the source of the acquisition funds. Requests for admission may narrow undisputed facts, while deposition testimony can explore inconsistencies or complicated transactions in greater detail.

The same approach can be used for support issues. Special interrogatories may identify employment history and job-search efforts, while subpoenas obtain compensation records from an employer and a deposition provides an opportunity for follow-up questioning.

Failure to respond properly can lead to discovery enforcement proceedings. A party who does not timely respond may also risk losing objections that otherwise could have been asserted.

Special Interrogatories Provide Case-Specific Written Discovery

Special interrogatories allow a party in a California family law case to ask written questions designed specifically for the issues being investigated. They can be particularly useful for tracing separate property, examining reimbursement claims, investigating income and earning capacity, and obtaining explanations for financial transactions. Because the responses are formal and given under oath, special interrogatories can provide important evidence while also identifying issues that require further document discovery, subpoenas, or deposition testimony.