Common Challenges During the Divorce Discovery Phase and How to Overcome Them

The discovery phase of a divorce is one of the most critical stages of the process. During this phase, both parties gather the information needed to negotiate a fair settlement or prepare for trial. However, discovery can also be one of the most contentious and challenging aspects of a divorce. Understanding common obstacles and how to address them can make this phase smoother and more effective. At Foster Hsu, LLP, our San Jose Divorce Attorneys are here to support you during the discovery phase and provide strategies to overcome them.

1. Non-Compliance or Delayed Responses

One of the most common challenges in the discovery phase is when one party refuses to provide requested information or delays their responses. This can slow down the entire divorce process and create frustration.

How to Overcome It:
If your spouse is uncooperative, your attorney can file a motion to compel, which asks the court to enforce compliance with discovery requests. Additionally, courts may impose penalties on the non-compliant party, such as attorney’s fees or sanctions.

2. Hiding Assets

In some cases, a spouse may attempt to hide assets to avoid dividing them during the divorce. This often involves transferring funds to secret accounts, undervaluing property, or underreporting income.

How to Overcome It:
Uncovering hidden assets requires thorough investigation. Your attorney may work with forensic accountants or financial experts to trace missing funds or assess the true value of assets. Subpoenas can also be issued to banks and financial institutions for records that the opposing party may be withholding.

3. Overly Broad or Abusive Requests

Discovery is meant to gather relevant information, but sometimes one party uses it to overwhelm or harass the other with excessive or irrelevant requests. This can make the process more time-consuming and costly.

How to Overcome It:
Your attorney can object to requests that are overly broad, irrelevant, or burdensome. Filing a motion for a protective order can also limit discovery to reasonable and necessary inquiries, ensuring the process stays focused.

4. Incomplete or Inaccurate Disclosures

Sometimes, a spouse may provide incomplete or inaccurate information, either intentionally or unintentionally. This can lead to disputes over the accuracy of the evidence presented.

How to Overcome It:
Thorough documentation and verification are essential. Your attorney can cross-check the information provided during discovery against financial records, tax returns, and other relevant documents. Depositions can also be used to question the opposing party under oath about inconsistencies.

5. Emotional Challenges

Divorce is an emotional process, and the discovery phase can feel invasive and stressful. Being required to disclose personal financial and parenting information often heightens tensions between the parties.

How to Overcome It:
Maintaining a level-headed approach and trusting your attorney to handle the process is key. Your lawyer can act as a buffer, addressing contentious issues and negotiating on your behalf to reduce direct conflict.

The Importance of Legal Support

The discovery phase is pivotal in achieving a fair divorce outcome, but the challenges it presents can feel overwhelming without proper guidance. At Foster Hsu, LLP, we are committed to helping clients navigate this complex phase with professionalism and expertise. Whether uncovering hidden assets or defending against abusive discovery tactics, our experienced attorneys will ensure your rights are protected every step of the way.