{"id":351755,"date":"2016-04-04T11:02:32","date_gmt":"2016-04-04T16:02:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/exchange-of-documents-and-information-discovery.html"},"modified":"2023-07-18T12:19:17","modified_gmt":"2023-07-18T17:19:17","slug":"exchange-of-documents-and-information-discovery","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/exchange-of-documents-and-information-discovery.html","title":{"rendered":"Divorce Discovery: Exchange of Documents and Information"},"content":{"rendered":"\n
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Divorce Discovery: Exchange of Documents and Information<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Discovery is the legal process by which attorneys gather information in civil cases, including divorces.  The parties involved in a divorce do not collect discovery on their own.  Formal discovery requires knowledge of family law and the rules of civil procedure.<\/p>\n\n <\/div>\n\n

At their most basic, divorce proceedings are like any other court proceedings. One party files a complaint, the other files a response, and then both sides exchange paperwork. The exchange of information is called discovery<\/a>. The discovery process is partially why a divorce case is time-consuming and sometimes expensive.<\/p>\r\n

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Types of Discovery Requests<\/h2>\r\n

Depending on the nature of the case, an attorney may ask the opposing party for different types of discovery. Not all family law cases need every kind of discovery. A couple who does not have children will not need discovery relating to child custody or child support.<\/p>\r\n

All discovery requests are made under penalty of perjury. The signer returns the documents as true to the best of their knowledge. Being caught lying on discovery can result in sanctions, fines, or citations for contempt of court. If there is a reason you cannot provide the requested information, explain it\u2014don’t lie about it.<\/p>\r\n

Some of the types of discovery may include those listed below.<\/p>\r\n

Request for Production of Documents<\/h2>\r\n

A request for production of documents, sometimes called a demand for documents, is a formal request for paperwork related to the marriage. Both parties must provide the documents, even if the other side has them. This exchange of information assures both sides that no one is concealing anything.<\/p>\r\n

Requested documents can include:<\/p>\r\n