Divorce cases can be complex and contentious, often involving sensitive issues such as child custody, asset division, spousal support, and the validity of financial disclosures. In Missouri, as in other states, the discovery process plays a critical role in gathering essential information, ensuring both parties have full transparency, and allowing each party to build their case.
Discovery refers to the legal process by which one party obtains evidence from the other party or third parties involved in the case. Through discovery, both spouses can request information, documents, and other forms of evidence that will help them understand the other party’s position and prepare for trial or settlement negotiations.
In this blog post, we’ll explore the different types of discovery that may be used in a Missouri divorce case. We’ll dive into the various methods, their purposes, and how they can impact the outcome of the divorce proceedings. By understanding the various discovery tools available, you’ll be better prepared for the legal process.
What is Discovery?
Discovery is the pre-trial phase in a lawsuit where both parties exchange information and evidence that might be relevant to the case. In Missouri divorce cases, discovery is essential to ensure that both spouses disclose all pertinent information, especially when disputes arise over property division, spousal support, child support, or other important matters.
Discovery serves multiple purposes. It provides transparency by ensuring that both spouses are fully aware of the evidence the other side has and that nothing is hidden. It helps both sides clarify the issues at hand and identify what is in dispute. It provides each party with the information they need to prepare their case, whether they are planning to settle or go to trial. Discovery helps encourage settlement by enabling both parties to understand the strengths and weaknesses of their respective positions.
Forms of Discovery
1. Interrogatories
Interrogatories are one of the most common and fundamental forms of discovery used in a Missouri divorce case. They are written questions submitted by one party to the other, which must be answered in writing and under oath. Interrogatories can cover a wide range of topics, including financial disclosures, property ownership, income, debts, and even details about the parties’ marriage or behavior. Common topics for interrogatories include financial information (i.e., questions about income, expenses, assets, debts, and business interest, child custody (i.e., the child’s living situation, schooling, healthcare, and other factors), spousal support (i.e., questions relating to the requesting spouse’s financial needs, job history, and earning potential), and marital history (i.e., in cases where allegations of misconduct such as adultery or abuse are made, interrogatories may ask about events that occurred during the marriage. The responding party is required to provide answers to these questions within a set period of time (typically 30 days). Interrogatories are often used to gather general information and establish a foundation for the rest of the discovery process.
2. Request for Production of Documents
A Request for Production of Documents is a formal request made by one party asking the other party to provide specific documents relevant to the case. These requests can cover a wide range of topics, including financial records, communication records, property documentation, and other evidence. Documents commonly requested in a Missouri divorce case may include financial records (i.e., tax returns, bank statements, investment records, mortgage documents, pay stubs, and credit card statements), real estate documents (i.e., deeds, mortgage contracts, and property appraisals), closely held business records (i.e., business ownership interests, tax returns, financial statements, and documents detailing the valuation of any business owned by one of the spouses), and personal communications such as emails, text messages, or social media posts that may be relevant to the case, especially in cases of contested grounds for divorce like adultery or misconduct.
3. Requests for Admissions
A Request for Admission is a discovery tool used to request that the other party admit or deny specific facts related to the case. Unlike interrogatories, which involve open-ended responses, requests for admissions are much more specific and straightforward. The goal of requests for admission is to narrow the issues in the case by establishing facts that are not in dispute. If a party admits to a fact, that fact is considered established for the remainder of the case. If a party denies a fact, the issue may need to be resolved through further discovery or at trial.
4. Oral Depositions
An oral deposition is a formal, in-person interview conducted under oath, where one party’s attorney asks the other party or a witness questions regarding the case. Depositions are typically held outside of the courtroom and are transcribed by a court reporter. In Missouri divorce cases, depositions are often used to gather more in-depth information and obtain oral testimony. During a deposition, the deponent (the person being deposed) is questioned by the attorney, and their answers are recorded. Oral depositions are helpful for obtaining testimony from parties or witnesses that may later be used in trial. They allow attorneys to assess the credibility of a witness or party before trial. This can help shape settlement strategies or trial tactics. Oral depositions also provide an opportunity to ask detailed questions and uncover any inconsistencies or contradictions in a party’s statements, which can be valuable in preparing for trial.
5. Records Deposition
A records deposition is a specific type of deposition in which a party seeks to obtain and review records or documents from a third party, usually an institution, business, or professional entity. These records may include financial documents, medical records, employment records, or other pertinent evidence related to the case. The records deposition allows an attorney to collect relevant documents and testimony that can be used during the divorce proceedings. For instance, one spouse may want to access a variety of financial records to determine the full extent of the other party’s assets, debts, or income. Similarly, records related to the children, such as school or medical records, could be necessary for decisions regarding child custody or support. In Missouri, the process of conducting a records deposition is governed by state rules of civil procedure. It is typically initiated when a party needs specific records to support their legal position or prove certain claims in the case. It can also be used as a strategy to ensure that the opposing party is forthcoming with necessary information and does not withhold critical evidence.
Discovery is an essential tool in any divorce case, and understanding the different types of discovery available can make a significant difference in the outcome of a case. In Missouri divorce proceedings, the primary types of discovery used include interrogatories, requests for production of documents, requests for admissions, oral depositions, and records depositions. Each of these methods serves a specific purpose and can be used to gather the evidence necessary to establish the facts of the case, verify financial disclosures, or support claims for child custody, spousal support, and property division.
Navigating the discovery process can be complex and time-consuming, but it is a crucial step toward ensuring that both parties are transparent and that their legal rights are protected. If you are going through a divorce in Missouri and have questions about the discovery process, it is important to consult with an experienced divorce attorney who can help you effectively utilize discovery tools to build a strong case.
Should you need the assistance of an experienced divorce attorney in Creve Coeur, St. Charles, or O’Fallon, or have questions about your divorce situation, know that we are here to help and ready to discuss those questions with you.