How the Discovery Process Works in Divorce Cases

Divorce already feels like a roller coaster, but then the legal paperwork piles on, and your stress doubles. At Jackman Law Firm, we have guided Seattle families since 2014, and see daily how the right information can calm that storm.

This article discusses the discovery process, explaining why it matters and how it works. We keep the legal talk light so you can focus on making sound choices.

What is Discovery in a Divorce?

Discovery is the court-approved way for spouses to gather facts before trial or settlement talks. The goal is to give each side a clear look at the other’s finances, property, and other details that might sway parenting plans or support.

When both sides must share records, it is harder for anyone to hide a bank account or inflate a debt. Washington follows Civil Rule 26 for discovery, and every county sets its filing calendars so that deadlines can vary slightly.

Methods Used in Discovery

Washington law offers a toolbox of methods, and the right mix depends on how cooperative the spouses are and how much money or custody time is at stake.

Interrogatories

Interrogatories are written questions sent under Civil Rule 33. The answering spouse has 30 days to respond under oath.

• Income and bonuses
• Real estate and other assets
• Credit-card balances and loans
• Monthly expenses and budgets
• Parenting schedules or childcare costs

Because the answers are sworn, giving false data can bring fines or other penalties.

Requests for Production of Documents

Civil Rule 34 lets either spouse ask for papers or electronic files. Typical requests reach back two to three years and may include:

1. Tax returns and W-2s
2. Checking and savings statements
3. Retirement account summaries
4. Mortgage paperwork or deeds
5. Business ledgers for self-employed parties

If one spouse withholds records, the court can issue a subpoena to the bank, employer, or online broker.

Depositions

A deposition is a face-to-face interview recorded by a court reporter under Civil Rule 30. Divorce lawyers use them to assess witnesses, lock in testimony, and spot stories that change between the deposition and the trial.

Depositions cost more than written tools, common in high-asset or high-conflict cases.

Requests for Admissions

Under Civil Rule 36, one party can ask the other to admit or deny certain points, such as “The account ending in 1234 is marital property.” If no response arrives within 30 days, the statement is treated as admitted.

Subpoenas

Civil Rule 45 covers subpoenas. Banks, employers, and even business partners can be ordered to share documents or appear in court. Ignoring a subpoena can result in contempt findings or fines.

Entry onto Land

Civil Rule 34 also allows a party or an appraiser to enter property for inspection, often to set a fair market value before dividing real estate.

Mental and Physical Evaluations

Rule 35 lets the court order an evaluation when health questions affect custody or support. Because outside experts charge high fees, these exams are rare and need a judge’s approval.

The chart below puts the main tools side by side for quick review.

Types of Information Obtainable During Discovery

Anything related to finances, parenting, or property can be considered if it helps decide the issues before the court.

• Checking, savings, and brokerage balances
• Tax returns, pay stubs, and profit-and-loss sheets
• Property deeds, vehicle titles, and appraisals
• Child-care invoices, tuition costs, and medical bills
• Text messages, emails, or social media posts that show parenting conduct

Hiding or shredding records can backfire. Judges may award a larger share of property when a spouse blocks discovery or imposes money sanctions.

The Impact of Discovery on Divorce Outcomes

Discovery shapes settlement talks because each side sees the numbers in black and white. With clear data, spouses often reach an agreement without a trial.

Full disclosure can also affect:

• Asset division: All retirement accounts and debts go on the table, leading to a balanced split.
• Spousal support: Actual income guides the monthly amount and duration.
• Child support and custody: Work schedules, health needs, and past caregiving roles become part of the record.
• Court credibility: A spouse caught lying may lose the judge’s trust, which can sway every subsequent ruling.

Protective Orders: How to Safeguard Information

Some records, such as mental health notes or trade secrets, deserve extra care. If a request reaches too far, the responding party may object or ask the judge for a protective order under Civil Rule 26(c).

The court can limit how widely the data is shared, seal certain filings, or let parties swap summaries rather than raw files.

Discovery Disputes: Resolving Information Conflicts

Courts prefer that lawyers sort out quarrels before filing motions. Washington’s Civil Rule 26(i) requires a discovery conference to discuss missing answers or late responses.

If the problem lingers, the next step is a motion to compel under Civil Rule 37. Judges can order compliance, shift attorney fees to the uncooperative spouse, or bar that party from raising certain arguments at trial.

Facing a Divorce in Seattle? Contact Jackman Law Firm for Assistance

Jackman Law Firm takes pride in clear communication and solid preparation that positions our clients for fair results. If you need help gathering documents, responding to a subpoena, or planning your discovery strategy, reach out.

Call us at 206-558-5555 or visit our Contact Us page. A short call can help you and your family decide on the best next step.