A California divorce involves more than completing court forms and deciding who receives particular property. Before spouses can make informed decisions about property division, support, or settlement, they may need information that is not already available to them. California’s discovery process provides formal methods for obtaining relevant information from a spouse and, in appropriate circumstances, from third parties such as banks or businesses.

What Is Discovery in a California Divorce?

Discovery is the process parties use to obtain information and evidence relevant to their family law case. The information needed depends on the issues involved.

In a divorce involving property, discovery may be used to identify assets and debts, determine the value of property, trace separate property, examine business interests, or investigate financial transactions. When support is disputed, discovery may help establish income, employment benefits, bonuses, commissions, business earnings, or other financial resources.

Some information can be exchanged informally. Spouses may voluntarily provide documents or answer questions without using formal discovery procedures. Informal exchanges can sometimes reduce expense and conflict.

However, informal discovery depends heavily on cooperation. If important information is not being provided voluntarily, formal discovery offers procedures that can require responses and provide remedies when a party fails to comply.

What Types of Discovery Can Be Used?

California provides several formal discovery methods, and each serves a different purpose.

Interrogatories are written questions that one party sends to the other. The responding party answers those questions in writing under oath. California family law cases may use official family law form interrogatories as well as specially prepared questions when more specific information is needed.

Requests for production can be used to obtain relevant documents. Depending on the issues in the case, requested records might include bank statements, tax documents, business records, retirement information, loan documents, or records concerning property.

Requests for admission ask a party to admit whether particular facts are true or whether specified documents are genuine. An admission can narrow the issues that remain disputed and may eliminate the need to prove certain matters later.

Depositions provide another method of obtaining information. During an oral deposition, a person answers questions under oath. A deposition may be taken of a spouse or another person who has relevant information. Because depositions generally require more preparation and expense than written discovery, they may be used strategically when detailed questioning is necessary.

Can Information Be Obtained From Someone Other Than Your Spouse?

Yes. Some of the most useful financial information in a California divorce may be held by third parties.

Business records can potentially be obtained through a deposition subpoena. Depending on the case, records held by financial institutions, employers, businesses, or other third parties may provide information relevant to income, property, or other disputed issues.

Discovery involving third-party records must follow applicable procedures, particularly when the requested information includes private personal or financial records.

Electronic information may also become relevant. Financial activity is increasingly documented through computers and electronic records, and in appropriate cases electronic discovery may help identify or recover information concerning property or income. However, electronic discovery can raise significant privacy and privilege concerns and should be appropriately limited to relevant information.

Discovery also has deadlines. Waiting until shortly before trial to begin seeking important information can create problems because discovery must be completed within the applicable time limits.

Discovery Helps Create a Clearer Financial Picture

Discovery can be an important part of the California divorce process when spouses do not already have all of the information necessary to resolve their case. Interrogatories, document requests, requests for admission, depositions, and third-party records can help clarify disputed financial and factual issues. The appropriate discovery method depends on what information is needed, how cooperative the parties are, and which issues must ultimately be resolved through settlement or by the family court.