By Neta, founder of SortMyDivorce · Updated
Four instruments, each doing a different job. Knowing which one you are looking at tells you how much work it is about to be. Divorce is a state matter. The federal rules below are the model most state rules follow, but your case is governed by your state's own rules, which differ on scope, timing and procedure. Treat this as the shape of the process, not the rule where you live.
| What discovery is | The pre-trial process by which each side obtains information and documents from the other. |
|---|---|
| Interrogatories | Written questions, answered in writing and under oath. FRCP 33. |
| Requests for production | Demands for documents and things. FRCP 34. |
| Requests for admission | Demands that a party admit or deny a specific fact. FRCP 36. |
| Depositions | Oral questioning under oath, on the record. FRCP 30. |
| Scope | Broader than what is admissible at trial. FRCP 26. |
| The Canadian equivalent | "Questioning" or "examination for discovery" — same idea, different words. |
| The most expensive part | Depositions, by some distance. |
Keeping track of dates like these across a stack of letters is exactly what SortMyDivorce does — start a free trial, no card needed.
What they are: written questions that must be answered in writing, under oath, within a set period.
What they are for: establishing basic facts. Employment and income. Accounts held. Property owned. Who else may have relevant information.
What they cost you: time, mostly. Answering thoroughly takes hours, and your lawyer will review and often redraft your answers before they are served.
Handling them well: answer the question asked, not the one you would prefer. Do not speculate. Where you genuinely do not know, say so — and say what you did to find out. These are sworn. An answer that turns out to be wrong is a much bigger problem than an answer that says "I do not know."
A note on limits: most rules cap the number of interrogatories a party may serve. If you have received a set that looks enormous, ask your lawyer whether it complies.
What they are: demands to produce documents, records and other material.
What they are for: the paper. Statements, returns, contracts, valuations, communications.
What they cost you: the most administrative work of the four. This is the same exercise as financial disclosure and the same rules apply — organise it in the order requested, label everything, mark what is not applicable, send it once and keep a dated index of what you sent.
Handling them well: do not decide unilaterally that something is irrelevant. Objections exist and your lawyer will make them where appropriate, but unilateral withholding looks like concealment.
What they are: a demand that you admit or deny a specific factual statement.
What they are for: narrowing the dispute. Anything admitted does not have to be proved.
Why they deserve attention out of proportion to their length: they usually have a short response deadline, and in many systems failing to respond in time can mean the facts are deemed admitted. A short document that can concede facts by silence is the most dangerous piece of paper in discovery.
Handling them well: deal with them immediately on receipt. Read each one precisely — they are drafted so that a partly-true statement is hard to deny cleanly, and your lawyer will need to draft careful qualified responses.
What they are: oral questioning under oath, before trial, with a court reporter producing a transcript. No judge is present.
What they are for: finding out what the evidence actually is, and how a witness performs under questioning.
What they cost: the most expensive step in most divorce discovery — preparation time, attendance for a half or full day, the court reporter, and the transcript. Ask for an estimate before agreeing to schedule one.
Handling them well is covered in detail in our guide to questioning, discovery and depositions, but the essentials: know your own disclosure; answer the question asked and stop; do not volunteer; "I don't recall" must be true; ask for a question to be repeated if you did not follow it; take breaks.
Written discovery first — interrogatories and requests for production served together, often early. Responses, then follow-up disputes about what was and was not produced. Requests for admission, often later, to narrow what has to be proved. Depositions last, once the documents are in, because a deposition is far more effective when the questioner has the paper in front of them.
Then, frequently, settlement. Discovery is often what moves a negotiation, because both sides finally know what the evidence is rather than what the correspondence claimed.
There is a mechanism — generally a motion to compel, after a good-faith attempt to resolve it directly. Rules commonly require the parties to confer before bringing the motion, and courts take that requirement seriously.
What matters practically: keep a dated record of what was requested, what arrived, what is missing, and every attempt you made to resolve it. That record is the motion.
Verification note. The Federal Rules are cited as the model. Divorce is heard in state court and your state's rules govern — they differ on the number of interrogatories permitted, response periods, the consequences of failing to respond to requests for admission, the scope of discovery, and the procedure for a motion to compel. None of the state-level positions is stated here and none was verified. Confirm with your own lawyer.
Months, commonly, and longer where there is a business, a pension or a valuation involved. Written discovery alone can run several months once responses, objections and follow-ups are counted.
Your lawyer will object where a request is improper, overbroad or privileged. Follow their guidance rather than making your own calls — the objections have to be made properly to have effect.
Generally no, though the time, place and scope can be negotiated and there are limited protective mechanisms. Speak to your lawyer.
Most rules impose a continuing duty to supplement your responses. Tell your lawyer as soon as you know. A prompt supplement is unremarkable; a late discovery that you knew is not.
Related but not identical. Many states require an initial financial disclosure regardless of discovery, and discovery is the broader adversarial process on top of it. Ask your lawyer what your state requires as a baseline.
Because it is the most labour-intensive part of a contested case. The cost you can control is the document side — organised, complete, and delivered once.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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