Financial disclosures provide important information during a California divorce, but they may not provide every document necessary to investigate property, income, debts, and other disputed issues.

Formal discovery can be used to obtain additional information. One common discovery method is a request for production of documents, which allows one party to formally request relevant records and other materials from the other party.

What Types of Documents May Be Requested?

The documents requested depend on the issues involved in the case.

In a divorce involving financial disputes, relevant records might include bank statements, business records, tax-related documents, correspondence, financial account information, or records concerning property.

The concept of a “document” is also much broader than traditional paper records.

Discovery requests can encompass electronically stored information and other materials, including emails, computer data, photographs, calendars, reports, worksheets, recordings, charts, ledgers, and similar information.

This can be particularly important today because much of a family’s financial and personal information exists electronically rather than in physical files.

What Does Possession, Custody, or Control Mean?

A party responding to document requests may be required to produce responsive materials within that person’s possession, custody, or control.

This makes organization important.

Simply remembering that an account exists is different from locating the statements, records, correspondence, and supporting documentation associated with it.

When a divorce begins, gathering records early can make responding to discovery considerably easier. It can also help identify missing documents before deadlines approach.

Parties should be careful about deleting or discarding potentially relevant information once litigation is underway.

What if a Document Is Withheld?

Not every requested document will necessarily be produced.

A party may object to a request when there is a valid basis to do so. Some documents may also involve claims of attorney-client privilege, work-product protection, or another applicable protection.

The source materials include discovery procedures for identifying documents that are withheld or redacted based on privilege or another asserted ground.

Discovery disputes can arise when one side believes documents have not been adequately produced, which is another reason carefully organizing and responding to requests is important.

Organized Discovery Can Help Resolve Financial Issues

Requests for production are not simply about accumulating paperwork. Their purpose is to obtain information relevant to resolving the issues in the case.

Effective financial discovery can help identify assets, investigate property characterization, evaluate potential reimbursement claims, and establish information needed for property division. Poorly planned or piecemeal discovery, on the other hand, can increase the time and expense required to resolve a divorce.