What Is Discovery in a Contested Divorce — and What Should You Expect? | Ryan & Rouse

When a divorce is contested, it means you and your spouse don’t agree on one or more major issues — such as child custody, alimony, or division of assets. To prepare for trial (or meaningful settlement), each side needs facts. That’s where the discovery process comes in.

At Ryan & Rouse, we guide clients through this complex but essential step with precision, privacy, and strategy. Here’s what discovery involves — and what kinds of questions and documents you can expect to deal with in a contested divorce.

This blog will delve into what discovery entails, the various methods used in gathering information, and the consequences of non-compliance with discovery requests.

 

🔍 What Is Discovery?

Discovery is the legal process where both parties exchange information about their finances, parenting roles, assets, and other key facts. It ensures that both sides are making decisions — and the court is making rulings — based on full, accurate information.

In Alabama, discovery may involve:

• Interrogatories(written questions)
• Requests for Production of Documents
• Requests for Admissions
• Depositions(in-person testimony under oath)
• Subpoenas(for third-party records)

 

✍️ Interrogatories: Written Questions You Must Answer

Interrogatories are formal questions that require written, sworn answers — usually within 30 days. Common examples include:

• Describe your current income and sources of income.
• List all real estate you own or have owned in the past five years.
• Identify all bank accounts, retirement accounts, or investments.
• Explain your role in managing household finances.
• Describe any gifts or transfers of property made during the marriage.
• List any debts you believe your spouse incurred without your consent.
• Identify any person with whom you’ve had a romantic relationship during the marriage (relevant in fault-based divorces).

Your answers must be truthful — and can be used in court.

 

📄 Requests for Production: Documents That May Be Requested

Each side can request documents relevant to finances, custody, or property division. Common requests include:

• Tax returns (typically last 3–5 years)
• Pay stubs and income statements
• Bank account statements
• Credit card statements
• Mortgage documents and property deeds
• Vehicle titles and loan documents
• Retirement account summaries (401(k), IRAs, pensions)
• Business records (if one spouse owns a company)
• Child-related expenses (tuition, medical bills, extracurriculars)
• Health insurance and life insurance policies
• Social media posts or text messages relevant to claims of infidelity, parenting concerns, or hidden assets

We’ll review these documents with you to ensure only the proper materials are produced — and that we’re receiving everything the other side is required to disclose.

 

🧾 Requests for Admissions

These are statements the other side wants you to admit or deny. They’re often used to streamline the issues in the case or highlight disputes. For example:

• Admit that you have not contributed to the mortgage since separation.
• Admit that you withdrew $10,000 from the joint account on March 15.
• Admit that you have posted derogatory statements about your spouse online.

If you ignore these requests, the court may deem them admitted by default.

 

🎤 Depositions: Sworn Testimony Before Trial

In more complex or high-conflict cases, attorneys may conduct depositions — where you, your spouse, or witnesses answer questions under oath in front of a court reporter.

These can cover:

• Finances and employment
• Parenting practices and schedules
• Allegations of abuse, infidelity, or misconduct
• Hidden assets or suspicious financial transfers
• Any other issue relevant to custody, alimony, or asset division

Depositions often shape the strategy going into trial or settlement — and we’ll prepare you thoroughly if one is scheduled.

 

🎯 Why Discovery Matters

Discovery allows us to:

• Identify hidden assets or debts
• Expose dishonesty or exaggeration
• Build a strong case for custody, support, or property division
• Avoid surprises at trial
• Negotiate from a position of strength

It also gives us the leverage we need to settle your case favorably or go to court with confidence if needed.

 

🛡️ We Make the Process Easier — and Protect Your Rights

Discovery can feel invasive — but it’s a powerful tool to ensure fairness. At Ryan & Rouse, we’ll:

• Draft and review discovery requests
• Help you gather the right documents
• Protect you from abusive or irrelevant requests
• Challenge improper or incomplete responses
• Use discovery to strengthen your case and protect your future

📞 Call us today at (256) 801-1000 to schedule a confidential consultation. Whether your divorce involves complex finances or contested custody, we’re ready to fight for what’s fair — and make sure the truth comes out.