Do I Have to Respond to Discovery Requests in My Divorce?
Discovery is the process used in a divorce for each spouse to get information from one another about various divorce-related issues, many of which are financial in nature. This exchange of information permits each side to propose a settlement or proceed to trial if a settlement cannot be reached. Discovery can include the right to receive certain documents, such as paycheck stubs, income tax returns, bank account statements, credit card statements, mortgage statements, retirement account, and statements.
Spouses also may be asked to respond to a series of written questions, which are referred to as interrogatories, which can focus on financial issues, but also which may address other disputed issues, such as child custody and visitation. Individuals must respond in writing and under oath. There is a maximum of 50 interrogatories that each spouse must answer under Georgia law, unless the court grants permission to ask additional questions. Likewise, attorneys may question one or both spouses during depositions, which are recorded sessions in which spouses must answer questions about any issues related to the divorce.
Responding to discovery requests is not optional. The court can sanction a spouse for failing to respond to interrogatories, answer questions during a deposition, or produce requested documents. For instance, a court might order one spouse to pay a portion of the other spouse’s attorney fees resulting from his or her failure to comply with a discovery request. While you can object to a discovery request by filing the appropriate document with the court, you cannot simply refuse to comply. If you properly object, the court will then decide whether you have to comply with the request or not.
Shaw Law Firm LLC has handled countless divorce cases involving a wide variety of important divorced-related issues. We know that these issues can quickly become complex under Georgia divorce law and we know what it takes to achieve our client’s goals.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.