Divorce and Discovery Process in Colorado
Divorce and custody proceedings can be complex and emotionally taxing. One key component of these cases in Colorado is the process of discovery, which helps ensure that both parties have access to the information they need to prepare and make informed decisions. This article provides a comprehensive overview of the discovery process as it applies to family law matters in Denver and throughout Colorado.
What Is Discovery in a Divorce Case?
In Colorado, parties in a divorce or custody matter must exchange regular financial disclosures as required under C.R.C.P. Rule 16.2. These disclosures include a Sworn Financial Statement, tax returns, pay stubs, and bank and credit card statements. However, these documents may not always provide a complete picture of the financial situation.
To address such gaps, the Colorado Rules of Civil Procedure provide tools for additional information gathering, commonly referred to as discovery. This can include:
Interrogatories (written questions)
Requests for Production of Documents
Requests for Admissions
Depositions
Inspections
When Is Discovery Necessary?
Discovery is typically pursued when:
One party is self-employed or owns a business.
One spouse handled the family finances exclusively.
More detailed information is needed about child custody or support issues.
The initial financial disclosures are insufficient.
Though helpful, discovery should be used strategically due to its potential cost and complexity.
Types of Discovery Tools
Interrogatories (C.R.C.P. Rule 33)
These are written questions that must be answered within 35 days.
Pattern interrogatories include 13 standardized questions related to financial and custody matters.
Non-pattern interrogatories allow each party to ask up to 10 additional, relevant questions.
Requests for Production of Documents (C.R.C.P. Rule 34)
These are formal requests for documents such as bank statements, credit card records, or financial agreements.
Similar to interrogatories, there are both pattern and non-pattern requests.
Responses are due within 35 days of receipt.
Rules and Timing of Discovery
Discovery cannot be issued before the Initial Status Conference.
Discovery related to a final hearing must be issued at least 63 days in advance.
For interim hearings, discovery can be issued closer to the hearing date, but courts expect adherence to proper timelines.
Some counties may impose additional requirements via case management orders, including seeking court permission before issuing discovery.
Strategic Considerations for Issuing Discovery
Be specific and efficient in crafting non-pattern requests.
Avoid vague or harassing questions—these can be objected to and may harm your credibility.
Sub-questions count toward the 10-question limit, so be judicious in wording.
Responding to Discovery
Parties must respond truthfully and within the 35-day timeframe.
Extensions can be requested from the opposing party or the court.
Responses should be formatted to correlate directly with the questions or requests received.
For interrogatories:
Keep answers concise, accurate, and relevant.
It’s acceptable to answer “I don’t know” if applicable.
Draft answers should be reviewed by your attorney before submission.
Producing Documents: Expectations and Burdens
Document production can be labor-intensive. Here’s what to keep in mind:
Provide all documents in your possession that are requested.
Obtain and provide documents that are easily accessible online (e.g., bank records).
If costly, you may pass that cost on to the requesting party.
Sign a release if obtaining the documents is burdensome.
You are not required to gather joint account records not in your possession.
While documents can technically be made available for inspection at an attorney’s office, this is uncommon due to practical and financial considerations.
Handling Non-Compliance and Disputes
If a party fails to respond to discovery:
A Motion to Compel under C.R.C.P. Rule 37 can be filed.
The court may issue an order requiring compliance and may award attorney fees.
In extreme cases, the court can impose sanctions, including barring the non-compliant party from presenting certain evidence.
Before filing a motion, parties are required to make a good faith effort to resolve the issue without court intervention.
Final Thoughts
The discovery process is a powerful component of divorce and custody cases. When used thoughtfully, it helps uncover key financial and custodial facts. However, it also adds layers of complexity and cost. Each case is unique, and working closely with your Denver divorce attorney will ensure that discovery is used effectively and in accordance with all applicable rules.
