Discovery in family law
Discovery is how you get information from your spouse, domestic partner, or someone else for your case. The law requires the other person to respond. There are deadlines you must follow. There are deadlines you must follow.
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What discovery is
Discovery is a legal process you use to get information you need to make decisions in your case or prepare for court.
You can use discovery to get information that:
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Helps you understand the other person’s side
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Supports your side of the case
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Shows what property, money, or debt exists
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Is only available to the other person
You can use the information to:
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Reach an agreement (negotiate), or
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Present evidence at a hearing or trial
What you can use discovery for
You can use discovery to find out:
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What your spouse plans to say about an issue
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What facts or witnesses support their position
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What facts or witnesses support your position
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What assets and debts exist, especially ones you can’t access yourself
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You and your spouse disagree about whether property is community or separate.
You ask your spouse for:
- Receipts showing payments
- Records from when the property was bought
The records show the property was paid for with money earned during the marriage. That means it’s part community property.
Because you both have the same information, you may:
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Agree on the issue, or
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Decide a judge needs to decide at trial
Informal vs. formal discovery
Discovery can be informal or formal.
Informal discovery
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You share information voluntarily
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It can save time and money
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It works best when both people cooperate
Formal discovery
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You use legal requests
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The other person must respond
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Responses must be under oath
📌 If you’re preparing for trial, you’ll usually need formal discovery.
How formal discovery works
In formal discovery:
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You write a legal request for information or documents
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Someone over 18 who isn’t you serves the request
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The request is usually mailed
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The other person must respond under oath
📅 Deadlines to respond:
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30 days if served in person
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35 days if served by mail within California
You can also ask other people for information, like:
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An employer
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A bank
They must respond too.
What if someone doesn't respond
What happens if someone doesn't respond
⚠️ The court can penalize (sanction) someone who doesn’t follow discovery rules.
If the other person:
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Refuses to answer, or
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Doesn’t provide required information
You can ask the judge to:
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Order them to respond
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Order them to pay fees
If they still don’t respond, the court can impose more penalties.
Discovery deadlines
📅 Discovery must be finished 30 days before trial.
That means:
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All responses must be due at least 30 days before trial
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You must serve your requests early enough to meet that deadline
📌 At the latest:
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Serve requests 60 days before trial, or
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65 days before trial if you serve by mail
If the deadline falls on a weekend or court holiday, your deadline moves to the next court day.