623-748-4890
Lincoln & Wenk, PLLC
View Blog Navigation

Information sharing during post-divorce discovery

Once a couple has filed for divorce, the law requires each spouse to disclose details pertaining to his or her current financial condition. This is known as the "discovery" process and it involves the exchange of information between the separating spouses regarding individual income, assets and debts. In fact, this is a requirement that is mandated under the Arizona Rules of Family Law Procedure and courts in the state use the information gathered from the discovery process to make sure that property division is equal.

Interestingly, discovery can sometimes be an informal process in which spouses share details pertaining to their individual assets and debts in the presence of their respective divorce attorneys. However, if the separating couple is not willing to share the information voluntarily, there are several formal procedures that can be followed in order to identify the assets and debts.

One of those formal methods is known as "document production" in which the separating spouses are required to produce all documents that can be even remotely related to divorce and the subsequent property division. In addition to property division, the information gathered from this exercise is utilized by Arizona courts to make important decisions regarding alimony, child custody and child support.

A second method of formal discovery involves the use of interrogatories and requests for admission. Interrogatories usually comprise questions that require separating spouses to explain his or her version of facts related to the divorce and provide justification for any and all demands. Requests for admission are less common and require a separating spouse to admit or deny specific facts related to the divorce. Unlike interrogatories, requests for admission can attract penalties for providing false or incorrect information.

A deposition is another method of formal discovery. In this, separating spouses disclose information through sworn statements, which are answers to questions posed by an attorney. According to the law, transcripts of the deposition are retained by the court reporter. This method not only ensures validity of the statements being made during discovery but also provides an opportunity for a practice trial.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • 2015 ARAG | Elite Service Provider
  • AV | Peer Review Rated for Ethical Standards & Legal Ability | Preeminent | Martindale-Hubbell from LexisNexis
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
  • Arizona Association of Family Law Attorneys - AZAFLA
  • Lincoln & Wenk, PLLC BBB Business Review
  • Association of Top 100 2019 | American Trial Lawyers
  • American Academy Of Trial Attorneys | AATA | Premier 100 | 2015
  • Family Law | Top 10 | Attorney And Practice Magazine's | 2018 | Attorney
  • Top Valley Lawyers 2017 | North Valley Magazine
  • American Institute of Family Law Attorneys | 10 Best 2017-2018
  • Veteran Owned Business - A Registered Vetrepreneur on Buyveteran.com - 2014
  • Avvo Top Attorney
  • Avvo Client's Choice
Email Us For A Response

Need legal help from an attorney?
Contact us now to schedule a consultation with our lawyers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Goodyear Office:
1616 North Litchfield Road
Suite 140
Goodyear, AZ 85395

Phone: 623-748-4890
Fax: 623-536-1984
Goodyear Law Office Map

Peoria Office:
14050 N. 83rd Avenue
Suite 290
Peoria, AZ 85381

Phone: 623-748-4890
Fax: 623-536-1984
Map & Directions

Phoenix - Desert Ridge Office:
20830 N. Tatum Blvd
Suite 210
Phoenix, AZ 85050

Phone: 623-748-4890
Fax: 623-536-1984
Phoenix Law Office Map