What Information is Discoverable in Divorce Litigation in Maryland?
In Maryland, the divorce process typically involves a thorough examination of income, assets, liabilities, and other information. Discovery is the formal legal process of obtaining evidence and information from the opposing party, and it can play a pivotal role in divorce litigation. Understanding what information is discoverable in divorce proceedings in Maryland is essential for anyone navigating this challenging terrain.
Types of Discovery in Maryland Divorce Cases:
In Maryland divorce cases, several methods of discovery are commonly utilized to gather information and evidence. These methods include:
Interrogatories: These are written questions sent by one party to the other, which must be answered within a limited timeframe under oath. These questions can cover various aspects of the marriage, including information related to the children and the parties’ finances, assets, liabilities and other relevant matters.
Requests for Production of Documents: This involves requesting the other party to produce documents relevant to the case within a specified timeframe. These documents can include financial records, bank statements, credit card statements, tax returns, property deeds, and more.
Depositions: This is arranged through a court reporter and involves an attorney taking the sworn testimony of a party or potential witness outside of court prior to a trial. Depositions allow both parties to ask questions directly and can be a powerful tool for uncovering information and assessing the credibility of witnesses.
Requests for Admissions: This method involves asking the other party to admit or deny certain facts relevant to the case. Requests for admissions can help streamline the litigation process by narrowing down contested issues.
Subpoenas: Subpoenas can be issued to third parties, such as banks, employers, or other individuals, compelling them to produce documents and testify at a deposition. The recipient can charge a processing fee, including paralegal time and costs for copying and delivery.
Discoverable Information in Maryland Divorce Cases:
In Maryland, the scope of discoverable information in divorce cases is broad and encompasses various aspects of the marriage and the parties' lives. Some key areas of discoverable information include:
Financial Information: This includes income, assets, debts, expenses, bank accounts, investments, retirement accounts, and any other financial resources owned or controlled by either party.
Real Estate and Personal Property: Information about real estate holdings, including marital homes, vacation properties, rental properties, and personal property such as vehicles, furniture, and valuable assets.
Employment and Income: Details about employment history, current employment status, salary, bonuses, benefits, and any other sources of income, as well as potential for earning income.
Child Custody and Support: Information relevant to child custody and support arrangements, including the best interests of the child, parenting schedules, child care arrangements, private school, health care expenses, and any relevant factors affecting the child's well-being.
Spousal Support: Factors relevant to determining spousal support, including the length of the marriage, the financial needs and resources of each party, standard of living during the marriage, and any other relevant considerations. In Maryland there are no alimony guidelines, and without an agreement between the parties the court will have to determine if there is a need for rehabilitative alimony, which is a set period of time, or indefinite support.
Health and Medical Information: Information about the health and medical history of the parties and any children involved, including insurance coverage, medical expenses, and any special needs or considerations.
Social Media and Electronic Communications: In today's digital age, social media and electronic communications can also be discoverable in divorce cases if they are relevant to the issues involved, such as parenting ability, financial resources, or misconduct.
Limitations and Protections in Discovery:
While discovery in Maryland divorce cases is broad, there are limitations and protections in place to ensure fairness and prevent abuse. For example:
Privileged Information: Certain communications, such as those between spouses or with an attorney, may be protected by privilege and not subject to discovery.
Relevance Requirement: Discovery requests must be reasonably calculated to lead to the discovery of admissible evidence, and parties can object to overly broad or burdensome requests.
Protective Orders: Parties can seek protective orders to limit or restrict discovery in certain circumstances, such as to protect confidential or sensitive information.
Conclusion:
When litigating a divorce case in Maryland, discovery is a critical tool for uncovering information and building a case. From financial records to personal communications, a wide range of information is discoverable in divorce proceedings. Understanding the types of discovery available, the costs involved, and the scope of discoverable information is essential for parties involved in divorce cases to navigate the process effectively. With the guidance of experienced legal counsel, individuals can ensure that their rights are protected and that they have access to the information necessary to achieve a fair and equitable resolution.
Contact our office at 240-396-4373 to schedule a consultation with one of our experienced attorneys.
About the Author
Jessica Markham is the Managing Attorney of Markham Law Firm, with locations in Bethesda, Maryland and Washington, D.C. Ms. Markham is known for litigating the most difficult custody cases in both Washington D.C. and Maryland, in particular, those involving relocation, alienation, mental health and substance abuse issues. Ms. Markham is also highly sought after for her expertise in retirement divisions, and has authored a book entitled Representing Federal Employees and Their Spouses in Divorce, to be published by the American Bar Association in 2020. Markham Law Firm is the only local firm to receive as many honors and accolades from Washingtonian, Bethesda Magazine, the Daily Record, and US News and World Reports for their expertise in Family Law, contributions to the legal community and dedication to client service