What Is Discovery, And Do I Need It?

Colorado requires that certain financial disclosures be made automatically in a divorce case. However, there is often additional information that is needed to prepare for your final divorce hearing. This information can be obtained through the discovery process.

The most common type of discovery is written requests. The party receiving discovery requests has 35 days to send their responses back to the other party. There are three types of written discovery:

Interrogatories

These are written questions that request a narrative response from the other party. For example, “Please describe in detail your consumption of alcohol, including how often you drink, how much you drink, and whether you drink in the children’s presence.”  

Requests for Production of Documents

Just as the name sounds, these are requesting that the other party provide you with documents.

Example: Please provide any and all documentation relating to the revenue generated by your business, including copies of bank statements, tax returns, quarterly tax returns, and all daily sales reports.

Requests for Admission

These requests seek an answer of either “admit” or “deny.” If these are not answered within 35 days, they are deemed admitted. This means that the judge will consider you to have admitted them, even though you did not respond. Therefore, it is very important that you respond to these in a timely fashion.

Example: Admit that you incurred the balance on the Discover credit card.

In addition to written discovery, depositions can also be taken. A deposition is testimony taken under oath in front of a court reporter, who makes a written transcript of the testimony.

Discovery is not necessary in every family-law case. Because it can increase the cost of your divorce, you should discuss whether it is necessary with a family law attorney.

Have you received discovery requests? Is there additional information you need to prepare for your final divorce hearing? I’m here to help.