Using Interrogatories and Requests for Production in Your Divorce

Divorce is a life-altering event that often brings emotional, financial, and legal complexities. One critical aspect of navigating a divorce is discovery, the legal process through which both parties exchange information relevant to the case. In Washington, discovery can be conducted formally or informally, each with its pros and cons. Understanding your options can help you make informed decisions as you work toward resolving your divorce.

Formal Discovery: Interrogatories and Requests for Production

Interrogatories are written questions sent to the opposing party, requiring them to provide written answers under oath. Requests for Production compel the opposing party to provide specific documents or evidence, such as financial statements, tax returns, or communications. There are other forms of discovery – such as Requests for Admission and depositions – but they are less common in the divorce setting.

Pros of Formal Discovery

1. Comprehensive Information Gathering - Formal discovery ensures a thorough exchange of information, leaving less room for omissions or inaccuracies.
   
   
2. Accountability - Responses are legally binding and provided under oath, which can deter dishonesty.
   
   
3. Legal Enforcement - If the opposing party fails to comply, you can involve the court to compel them to provide the requested information.
   
   
4. Strategic Advantage - Formal discovery can reveal hidden assets, liabilities, or other key facts that might otherwise remain undisclosed.

Cons of Formal Discovery

1. Costly and Time-Consuming - Drafting, responding to, and enforcing discovery requests can significantly increase legal fees and prolong the divorce process.
   
   
2. Potential for Conflict - The formal process can feel adversarial, heightening tensions between spouses.
   
   
3. Overwhelm and Complexity - The volume of documents and information can be overwhelming, particularly for individuals unfamiliar with legal procedures.

Informal Discovery: A Cooperative Approach

In some cases, spouses agree to bypass formal discovery and exchange necessary information directly via email or through their attorneys. This, for lack of a better word, informal discovery approach is often suitable for amicable divorces or when both parties are committed to resolving issues collaboratively.

Pros of Informal Discovery

1. Cost-Effective - By avoiding formal legal procedures, you can save on attorney fees and other related expenses.
   
   
2. Faster Resolution - Informal exchanges are typically quicker, reducing the time it takes to gather necessary information.
   
   
3. Preserves Relationships - A cooperative approach can minimize conflict, which is especially important if you share children or plan to co-parent.

Cons of Informal Discovery

1. Risk of Incomplete Disclosure - Without formal oversight, there’s a greater risk that one party might withhold or misrepresent critical information.
   
   
2. Limited Legal Recourse - If the other party is uncooperative, you may need to initiate formal discovery, which could delay proceedings.

Choosing between formal and informal discovery is an important decision in your divorce case. While formal discovery offers thoroughness and enforceability, it can be costly and adversarial. Informal discovery, on the other hand, is faster and more cost-effective but requires a high degree of trust between spouses. If you’re navigating a divorce in Washington and need guidance on discovery options, our experienced team at Magnuson Lowell, P.S. is here to help. Call today for a free telephonic case evaluation 425-800-0572

Share this post!