How do I get necessary documents and information from my spouse in a divorce case?

As seen in South Jersey Magazine

When a divorce is filed in New Jersey, litigants are entitled to engage in the discovery process. Discovery allows parties to gather and exchange relevant information and documents. The goal of discovery is to obtain all necessary facts and information to facilitate fair and productive settlement negotiations. In the event a settlement cannot be reached, parties must obtain necessary evidence through discovery that will allow them to prove their case at trial.

There are many methods of discovery in divorce proceedings. First, parties will exchange Case Information Statements which are extensive financial disclosures related to income, budgets, assets, and debts. Parties will also often exchange Interrogatories, which are written questions to be answered by the other spouse under oath, as well as a Notice to Produce Documents, requiring the other party to provide specific documents, frequently bank statements, credit card statements, tax returns, and business records.

In some cases, parties may elect to take depositions, in which a party is called to give sworn oral testimony and answer questions under oath before a court reporter.

In cases where a spouse is not forthcoming, parties in divorce cases are also permitted to issue subpoenas to entities, such as banks or employers, to obtain a complete copy of records.

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