Divorce can become an extremely emotionally taxing process. When you are in the middle of a divorce proceeding, your emotions may take you out of things. This can be risky because you are not protecting your rights and interests as well as you should.
Gather loved ones around you for support as you rely on your divorce lawyer to get you through the practical side of your divorce. Keeping your wits about you is critical if you are in the discovery phase. Moreover, the advanced discovery process includes interrogatories.
You need to fully understand what interrogatories entail and allow your lawyer to prepare you properly for what lies ahead.
Discovery in Divorce
Discovery is the stage during a divorce where both parties exchange information and documents. During this stage, you and your spouse will learn more about the facts and evidence presented in court.
Specific rules govern Connecticut discovery proceedings. This is to ensure the process stays fair and transparent. You will get a complete picture of your spouse’s financial status when you enter the discovery process. You will also be able to clarify issues around child custody, alimony, and property division.
The tools used during discovery include the interrogatories above, depositions, production of document requests, and requests for admissions.
Out of these tools, interrogatories play a unique role. They are the best way to get factual responses from your spouse in writing.
What Are Interrogatories?
Interrogatories are written questions your lawyer will submit to your spouse’s lawyer. This is done to get more information relevant to the divorce case.
In your divorce, your lawyer may use an interrogatory to get more data on your spouse’s assets, debts, and income. These are all factors that may affect the outcome of your divorce.
All answers are provided under oath, meaning you and your spouse must provide only accurate information.
Interrogatories usually look like this:
- Written format. Interrogatories are always submitted in writing. This is done so the other party has enough time to prepare answers.
- Oath requirement. Sanctions or penalties may be applied if false or misleading information is provided under oath.
- Focused scope. Your and your spouse’s financial details will be laid bare. Everything, including bank accounts, retirement plans, income sources, and real estate, will be examined.
How Do Interrogatories Work in Connecticut?
The process for serving and responding to interrogatories in Connecticut follows the state’s civil procedure rules. The steps are:
- Drafting and servicing. One party’s lawyer drafts an interrogatory focusing on the divorce issues. These questions are served to the opposing party as part of the discovery process.
- The receiving party must respond within a specific time frame. Connecticut law requires that a response be given within 30 days if the interrogatory is served in person. If the interrogatory is served by mail, the deadline is extended to 35 days.
If you receive an interrogatory, you must stick to the relevant deadlines. Otherwise, you may get a court order forcing you to answer the questions. You may also be sanctioned.
- Because you respond under oath, all your statements will be considered verified. If it is discovered later that you gave incorrect information, your spouse’s lawyer will use it against you. This means the lawyer will challenge the credibility of your evidence.
- You do have some recourse after being served with an interrogatory. For instance, if your lawyer believes the interrogatory is irrelevant or too broad, they can object on your behalf.
The court will decide whether the objection is valid and whether you will still be required to answer specific questions.
How an Interrogatory Uncovers Financial Information
One of the main reasons for an interrogatory in a divorce is that both parties know what is happening with each other’s finances. This is because disputes often arise about dividing property and child or spousal support.
The outcome of these disputes depends on full and accurate financial disclosure. An interrogatory can help you get the support you need by:
- Revealing hidden assets. An interrogatory will compel your spouse to disclose assets you did not know about. During informal negotiations (before an interrogatory), most spouses do not feel the need to share information like this.
- Confirming income details. Interrogatories can also ask for detailed information about all forms of compensation. If your spouse earns bonuses, commissions, and other forms of income, an interrogatory will highlight it.
- Identifying liabilities. Interrogatories also focus on debts and financial obligations. These also play a role when dividing property.
How to Respond to an Interrogatory
If you have been served with an interrogatory, you should follow these steps:
- Speak to your lawyer. You should not attempt to answer questions under oath without the help of your divorce lawyer. A lawyer can help you understand which questions require full disclosure and which may be objected to.
- Think before answering. You have between 30 and 35 days to respond, so think before answering questions. Take time to review your financial records and other documents so you only provide accurate information.
- Keep detailed records. You should make notes of all communications and documents exchanged during the discovery process. This will give you something to refer back to if there is a dispute or discrepancy later.
- Object if necessary. You have the right to object to invasive or too broad questions. Your lawyer will ensure that your objections are legally sound.
- Stick to the deadline. Time goes by fast, so don’t take the 30-35 day deadline for granted. Start working on your responses as soon as you get an interrogatory so you can demonstrate your commitment to the process.
Why You Need Legal Guidance
Interrogatories are usually very technical. It is also easy to get your responses wrong and get in trouble. Having a trusted divorce and family law lawyer on your side is the best way to avoid this.
Your lawyer will help you craft your responses according to the law. They will also ensure that an interrogatory does not encroach on your rights.
If you are in the middle of a divorce, you will need the strategic advice only an experienced lawyer can provide. This will allow you to seek a fair settlement or to contest your spouse’s financial disclosures.
