Going through a divorce proceeding can be a very difficult process, especially if you are unsure about the specific financial picture in your marriage. As part of a divorce proceeding, we can request financial information and documents from the other side. This process is called “discovery.”
There are two types of discovery: informal discovery and formal discovery. Informal discovery can be as simple as an email or letter to your spouse or their attorney requesting the information. As the name suggests, formal discovery typically involves more all-encompassing requests. One major benefit to formal discovery is that, if the other side refuses to provide relevant information, we have the ability to ask the Judge to intervene and require them to provide the information.
Regardless of which discovery process you follow, this is a crucial step in a divorce case. Obtaining information from the other side allows you to get a clear picture of important issues such as incomes, budgets, assets and liabilities. This can help identify if any suspicious transfers have been made from accounts that would require further investigation or, perhaps the involvement of a financial expert.
Oftentimes, people are curious about what type of information they can ask for in discovery. The focus is primarily on incomes, budgets, bank accounts, retirement accounts, property information, and debts. However, if you have a particular financial question in your case, it can usually be asked about during discovery. For example, if you noticed that an investment account balance has recently taken a significant dip, you can ask for an accounting of where the funds that were withdrawn from this account went. Each case is unique and, as a result, each set of financial questions asked in the discovery process is also unique.
If you have any concerns about your ability to obtain financial information from your spouse, the discovery process should be able to address your concerns. Give us a call at (612) 294-2200 for a free consultation with a Minnesota divorce attorney at Heimerl & Lammers.