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If you have divorce questions

Divorce Discovery – Interrogatories

In general, a party "may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party…" OCGA §9-11-26(b)(1). Ina divorce action, this means a party can obtain information about pretty much anything because almost every aspect of a person's life is relevant to their divorce action.

One method of obtaining discovery from your spouse in a divorce action is through interrogatories. Interrogatories are written questions that your spouse will have 30 days to answer and/or object to. OCGA §9-11-33(a). In any family law action, interrogatories will most likely ask about the party's employment, education, current income, income history, property, insurance, children and their associated expenses, and health. In addition to this general information that is needed in nearly every family law case, you can ask more specific questions. For example, if you suspect that your spouse is having an affair, you can outright ask that question. Or you may prefer to ask your spouse to describe their relationship with a particular person. If you think your spouse is hiding money, you can ask for a list of all bank accounts in your spouse's name, including account numbers. With interrogatories, pretty much anything goes and the questions must be answered under oath so, ideally, you will get the information you are looking for. The only restriction for interrogatories, other than they must be relevant to the pending action, is that you cannot ask more than 50 questions, including subparts.

Fulton County has standard interrogatories that must be answered in every family law case. These interrogatories are a good starting point for any family law case because they cover the basic information needed. Even if your case is not in Fulton County, you can use these interrogatories and add specific questions that apply to your particular case.


Divorce Process
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