How Does Discovery Work in a New York Divorce?

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Full transcript by James Nolletti below.

In a contested case, after one spouse files for divorce, the often torturous and tedious process of financial discovery begins. Each side may send the other lengthy lists of questions called interrogatories, which have been drafted by the lawyers, and which must be answered under oath. Interrogatories are composed of questions about finances, assets, pensions, and similar financial issues.

Through their lawyers, the spouses could also serve notices to produce documents such as bank statements, credit card bills, receipts, tax return, paycheck stubs, and the like. Unlike mediators and collaborative lawyers, litigators could also serve discovery subpoenas on third parties for this type of data or documents. Usually the attorneys will sift through the interrogatory answers and documents, and then question the spouses in person under oath at what is called the deposition. Third parties who have relevant information, such as business partners, bookkeepers, accountants, or other witnesses, may also be questioned at a deposition. A deposition takes place in the presence of a stenographer or a court reporter who later transcribes what was said into a transcript.