Discovery: Using the Law to Get Clear Information During Divorce

Discovery in a Washington Divorce

Discovery is the court-authorized process for getting answers, documents, and records during divorce. It allows each side to require sworn disclosures about finances, property, income, expenses, parenting schedules, and other facts that matter to the outcome of the case.

Divorce is not just about filing paperwork or going to court. It is about making serious, long-term decisions based on accurate information. Where will the children live? How much support is realistic? What property exists, and what debts are actually owed?

One of the most common fears people have early in divorce is this:
“What if my spouse knows more than I do?”

That fear is justified. In many marriages, one person manages the finances, controls accounts, or has access to records the other has never seen. Others worry that their spouse is hiding income, moving money, or simply refusing to share information.

Divorce courts do not investigate on their own. Judges decide cases based on what the parties present. That means it is your responsibility to obtain and present the information needed to protect your interests.

Discovery serves several critical purposes:

It prevents one spouse from controlling the narrative
It reduces surprise and misinformation
It makes settlement more likely, not less
It creates accountability, because responses are given under oath
It protects final orders from later challenges based on hidden facts

Many people associate discovery with conflict or aggression. In reality, discovery is often what reduces conflict by replacing suspicion with clarity.

At Pacific Northwest Family Law, we help clients use discovery for what it is meant to be: a tool for clarity, not conflict.

➡ For more general information, visit our page Divorce in Washington State.

Myths and Misconceptions About Discovery

Myth: “Discovery is just harassment.”

Discovery exists precisely to prevent the kind of harassment that once defined litigation. Before modern discovery rules, the only way to uncover information was through long, unpredictable trials where witnesses testified broadly and outcomes were uncertain. Discovery rules flipped that model. They require structured, sworn disclosure up front, allowing cases to be resolved with fewer surprises and less chaos. Proper discovery is not harassment—it is how the legal system creates an even playing field.

Myth: “I shouldn’t send discovery because I trust my spouse.”

Trust does not substitute for verification. Even honest spouses may misunderstand finances, forget accounts, or minimize assets without realizing it. Discovery protects both parties by creating a clear, documented record of the marital estate. Choosing not to request discovery often creates risk later, when missing information surfaces too late to fix easily.

Myth: “If I ask for discovery, it will make my spouse angry.”

Divorce is already emotionally charged. Avoiding discovery to preserve peace often delays conflict rather than preventing it. When financial realities eventually come to light—often at the worst possible moment—the fallout is usually far more damaging. Discovery, handled properly, creates boundaries and predictability that reduce long-term conflict.

Myth: “I don’t have to answer discovery if the questions feel invasive.”

Most discovery must be answered, even when it feels uncomfortable. While some questions can be limited or objected to, improper objections can lead to the same sanctions as ignoring discovery entirely. Courts may prohibit you from contesting issues at trial, impose monetary penalties, or order attorney fees. This is where experienced legal guidance matters—knowing when to answer, when to object, and how to do both correctly.

Myth: “I’ll just answer quickly and fix mistakes later.”

Incomplete or inaccurate discovery responses can damage credibility and affect final decisions. Discovery answers matter.

Myth: “If my spouse is hiding information, the court will figure it out.”

Courts do not investigate on their own. Judges decide cases based on the evidence and information the parties present. It is each party’s responsibility to request, analyze, and challenge financial disclosures. Discovery is the mechanism that allows hidden assets, undisclosed income, and incomplete records to be uncovered and addressed.

Myth: “Discovery means we’re heading for trial.”

In reality, discovery often determines whether a case avoids trial. Most divorces settle only after both sides have reliable information about finances, assets, and parenting realities. Discovery replaces guesswork with facts, which allows meaningful negotiation and realistic compromise. It also protects you: if an agreement or final order is based on false or incomplete discovery responses, the law provides far stronger remedies to undo or correct that outcome. Discovery is not a signal of escalation—it is often the path to resolution.

Myth: “Discovery is optional if we’re trying to be cooperative.”

Cooperation without information is fragile. True cooperation is built on transparency. Discovery ensures that agreements are informed, enforceable, and far less likely to unravel later.

How Information Is Exchanged in a Washington Divorce

Is there a way to make my spouse explain what they want in the divorce?

Yes. One of the primary discovery tools used in divorce is written questions that must be answered under oath, called interrogatories.

Interrogatories can require your spouse to state:

What property they believe exists
What outcomes they are asking the court for
Their position on custody, support, and debts
Their claimed income, expenses, and assets

These answers are binding. If a spouse later takes a contradictory position, the earlier sworn answers can be used to challenge credibility or undo an agreement. Interrogatories are not arguments or accusations. They are a structured way to force clarity when communication has broken down.

How do I get financial records my spouse won’t share?

Divorce allows you to formally request documents through requests for production.

These requests can require a spouse to provide:

Bank and credit card statements
Retirement and investment account records
Tax returns and pay stubs
Business records
Loan documents and property records

If a spouse refuses to provide documents they control, the court can order compliance and impose consequences for noncompliance. This process exists because informal requests often fail — not because someone is being difficult, but because incentives change once divorce begins.

What if my spouse is denying things I know are true?

Discovery includes a tool called requests for admission, which require a spouse to admit or deny specific factual statements.

For example:

Whether an account exists
Whether money was transferred
Whether certain property was purchased during the marriage

These requests narrow disputes and prevent parties from pretending issues are unclear when they are not. If a spouse falsely denies facts that are later proven, it can seriously damage their position.

Can my spouse get information directly from my employer, bank, or business partners?

Yes. When information can’t be obtained voluntarily, subpoenas can be issued to third parties such as:

Employers
Banks and credit unions
Retirement plan administrators
Business accountants
Schools or childcare providers (in limited circumstances)

Subpoenas are court-backed requests for records. They are commonly used when one spouse does not have direct access to information but needs it to evaluate income, benefits, or assets.

What is a deposition, and do I have to attend one?

A deposition is an in-person or remote question-and-answer session given under oath, usually in front of a court reporter. Depositions are less common in straightforward divorces but may be used when:

There are serious disputes about credibility
Complex finances are involved
A party has given incomplete or evasive written responses

If you are properly noticed for a deposition, you generally must attend. Preparation matters. What is said in a deposition can be used later in court.

Is discovery only used in high-conflict or trial cases?

No. Discovery is often what prevents cases from going to trial. Clear information reduces suspicion, narrows disagreements, and allows meaningful negotiation. Many cases settle only after discovery reveals what actually exists — and what does not. Discovery is not about escalation. It is about replacing uncertainty with facts.

Do I have to answer discovery if it feels invasive or unfair?

Most discovery must be answered, but not every question must be answered as written.

Some requests may be:

Overly broad
Irrelevant
Duplicative
Improper in scope

However, ignoring discovery or objecting improperly can lead to sanctions, including limits on what you’re allowed to argue later. This is one of the most common places where unrepresented parties make costly mistakes.

What happens if my spouse lies or hides information during discovery?

Discovery responses are given under oath. Providing false or incomplete information can lead to:

Court sanctions
Reopening of agreements
Changes to final orders
Damage to credibility at trial

Washington courts take disclosure obligations seriously because fair outcomes depend on honesty. Discovery creates a record that protects you if misinformation comes to light la

Do I Have to Answer? Enforcement, Deadlines, and Court Protection

Do I have to answer discovery in a Washington divorce?

Yes. Discovery requests must be answered unless a valid legal objection applies.

Written questions and document requests usually come with strict deadlines. Ignoring them, responding late, or giving incomplete answers can trigger court involvement. Even if the requests feel aggressive or unnecessary, the proper response is not silence — it is a timely response or a legally appropriate objection.

Failing to engage can make a court assume you are hiding information, even if you are not.

What happens if I ignore discovery or miss the deadline?

Ignoring discovery can lead to court sanctions, which may include:

Orders compelling compliance
Attorney’s fees awarded to the other side
Restrictions on what evidence you may present later
Limits on what arguments you’re allowed to make at trial

In serious cases, the court can prevent a party from contesting issues they refused to disclose information about. Discovery is how the court ensures fairness, and refusal to participate is treated as a serious violation.

Can I object to discovery questions I think are unfair or invasive?

Sometimes—but objections must be specific, valid, and made correctly. Not every question is proper, and some requests can be narrowed or limited. However, improper objections can be just as damaging as no response at all. Blanket objections, emotional refusals, or copying internet advice often backfire.

Courts expect objections to be grounded in law, not discomfort. This is one of the most common places where legal guidance protects clients from unintended consequences.

What are valid ways to object to discovery requests?

Most discovery must be answered, but not every question must be answered as written.

Some requests may be:

Overly broad
Irrelevant
Duplicative
Improper in scope

What if my spouse refuses to answer discovery or hides information?

If your spouse fails to respond or gives incomplete answers, the court can intervene.

Available remedies include:

Motions to compel discovery
Court-ordered deadlines
Sanctions for noncompliance
Orders allowing alternative proof if records are withheld

Discovery exists precisely because courts do not independently investigate facts. It is the responsibility of each party to request information and enforce disclosure when necessary.

Can discovery be used to harass or overwhelm me?

The court has authority to prevent abuse of discovery. If discovery is excessive, duplicative, or intended to harass, the court can issue protective orders limiting scope, timing, or method. Protective orders are not admissions of wrongdoing — they are tools to keep the process proportional and fair. Courts balance the right to information against the burden imposed. When discovery crosses that line, judicial protection is available.

What if information comes out later that changes support or financial assumptions?

Discovery creates a record. If later evidence shows that temporary support, maintenance, or attorney fee awards were based on incomplete or inaccurate information, the court can account for that at later stages of the case.

Temporary orders are not final. If discovery reveals that payments were too high or too low based on better information, those differences can be addressed in negotiation or final orders.

This is one of the reasons discovery protects both sides — it reduces the risk of permanent decisions based on temporary misinformation.

➡ Learn more at Temporary Orders in Divorce

Why Discovery Can Change the Outcome of Your Divorce

Why is discovery so important in a Washington divorce?

Discovery is how facts replace assumptions in divorce. Washington courts do not investigate cases on their own, they decide issues based on the information the parties present. Discovery ensures that decisions about property, support, and parenting are made using verified facts rather than guesses, pressure, or incomplete disclosures. In many cases, discovery is what allows parties to reach fair agreements without trial because both sides are negotiating from the same set of reliable information.

Can discovery affect child support or spousal maintenance?

Yes. Discovery often has a direct impact on child support and spousal maintenance. Initial financial disclosures may not reflect overtime, bonuses, self-employment income, deferred compensation, or non-cash benefits. Through discovery, bank records, tax returns, employment documents, and business records can clarify true income. This ensures support is set based on reality, not estimates that may later prove inaccurate or unfair.

Can discovery uncover hidden assets in a divorce?

Discovery is the primary tool for uncovering hidden or undisclosed assets. Washington law places a fiduciary duty on spouses to fully disclose property and debts, but the court relies on the parties to enforce that duty through discovery. Requests for financial records, subpoenas to banks or employers, and sworn interrogatory answers are often how concealed accounts, transfers, or undervalued assets come to light. Without discovery, hidden assets frequently remain hidden.

What happens if we skip discovery and just try to settle?

Some divorces can settle early, but settling without verified information carries real risk. Agreements based on incomplete or inaccurate disclosures may leave one party financially disadvantaged long after the divorce is final. Discovery protects settlements by confirming that decisions are informed. Importantly, if a settlement is reached based on false discovery responses, it is far easier to challenge later than an agreement made without any discovery at all.

Can discovery reduce conflict instead of increasing it?

Often, yes. Conflict thrives on suspicion and uncertainty. Discovery replaces speculation with facts. When both parties have clear information about finances, schedules, and expectations, negotiations tend to become more focused and less emotional. Many cases become calmer after discovery because there is less room for argument about what is real and what is not.

Is discovery required even in an uncontested or cooperative divorce?

Some level of disclosure is always required in Washington divorces. Even in cooperative cases, the court expects agreements to be informed and fair. When parties are cooperative, discovery can often be handled informally and efficiently. However, skipping disclosure entirely increases the risk that agreements will be rejected by the court or later challenged. Cooperation reduces the scope of discovery, it does not eliminate the need for it.

➡ Learn more at Collaborative Divorce

➡ Learn more at Uncontested Divorce

How Pacific Northwest Family Law Helps

Discovery is not about paperwork for its own sake. It is about protecting yourself from decisions made in the dark.

When handled correctly, discovery brings structure to uncertainty. It creates boundaries, restores balance, and allows informed decisions about parenting, finances, and the future. When handled poorly, or ignored altogether, it can leave you vulnerable to unfair outcomes that are difficult or impossible to undo.

At Pacific Northwest Family Law, we guide clients through discovery with purpose. We help you understand what must be disclosed, what can be requested, and how to respond strategically, without overreaching or unnecessary escalation. We also know when informal exchange is sufficient and when formal discovery is essential to protect your interests.

Divorce requires facts, not guesses. Clear information leads to better agreements, stronger court orders, and fewer regrets later.

If you are facing discovery requests, struggling to obtain information from your spouse, or unsure how disclosure will affect your case, we can help you navigate the process with clarity and confidence.

Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025.