Divorce Discovery and Financial Disclosure in Maryland
Interrogatories, document requests, subpoenas and depositions, and what happens when someone is not forthcoming.
Discovery is the formal exchange of information in a contested case. It is the least glamorous part of a divorce and frequently the most decisive, because settlement negotiations and trial outcomes both depend on knowing what actually exists.
If one spouse has managed the finances for years, discovery is how the other spouse arrives at the negotiating table on equal footing.
The tools
Interrogatories
Written questions the other party must answer in writing and under oath. Useful for establishing income, identifying accounts, listing assets and debts, and pinning down positions before they can shift.
Requests for production of documents
Requests for the underlying records: tax returns, pay records, bank and credit card statements, investment and retirement statements, loan applications, business records and deeds. Loan applications deserve special mention, because a party who described their income and assets to a lender has already made a statement that is hard to walk back.
Requests for admission
Requests that the other side admit or deny specific facts, narrowing what has to be proved at trial.
Depositions
Sworn testimony taken before trial, on the record. Depositions test credibility, lock in testimony, and often reveal what a paper record cannot.
Subpoenas to third parties
Where a party’s own production is incomplete, records can be sought directly from employers, banks, brokerages, plan administrators and other institutions. Third party records are often the cleanest evidence available because they were not created for the litigation.
Financial disclosure obligations
Beyond discovery requests, Maryland courts require financial statements in cases involving support or property. These are sworn documents. Completing them carelessly creates problems that surface at exactly the wrong moment.
When records are missing
Missing records are common and usually solvable. Financial institutions retain statements. Employers retain payroll records. Tax transcripts can be obtained. Where an asset was acquired long ago and the paper trail is thin, tracing may rely on reconstruction from surrounding records, which matters a great deal when a party is trying to establish that property is non-marital. See property and debt division.
Valuation and experts
Some assets have to be valued rather than simply listed. A closely held business, a professional practice, a pension, or real estate may each require a qualified professional. Where that is necessary, the work is performed by independent outside professionals such as business appraisers, forensic accountants or actuaries, retained for the case. See high asset and business owner divorce.
When someone is not forthcoming
Discovery has teeth. Where a party fails to respond, responds evasively, or conceals assets, the court can compel production and impose consequences. Deliberate concealment tends to damage the concealing party’s credibility across the entire case, including on issues that have nothing to do with money.
Keeping discovery proportionate
Discovery can also be used badly, as a way to run up costs. The goal is to obtain what the case genuinely requires and no more. Deciding what a case requires is a strategic judgment made early, not a default setting.
Related topics
- Contested divorce
- The Maryland divorce process
- Alimony and spousal support
- What to bring to your consultation
Official Maryland resources
Talk with a Towson family law attorney
Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.
Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your case.