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Discovery and Disclosure in an Arizona Divorce

Thu 3rd Aug, 2023 Arizona Divorce Laws

Divorce is a significant life event, emotionally and legally challenging. In Arizona, as with other states, a divorce follows specific steps, and two of these critical steps are discovery and disclosure.

Types of Discovery in an Arizona Divorce

Discovery and Disclosure are the formal process by which spouses exchange information about their respective assets, debts, income, and other pertinent facts.

This process is intended to ensure both parties have all the necessary information to effectively negotiate and litigate division of marital property and debts, child custody, child support, and spousal maintenance.

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Discovery Tools Used in an Arizona Divorce

There are several tools attorneys use in the discovery process:

  • Interrogatories: Written questions that must be answered under oath.
  • Requests for Production: Asking for specific documents such as financial statements, property deeds, and retirement account statements.
  • Depositions: Oral questioning under oath, usually recorded by a court reporter.
  • Requests for Admission: Asking the other party to admit or deny specific facts.
  • Subpoenas: Ordering third parties to produce documents or testify.

Duration of the Discovery Process in an Arizona Divorce

The length of the discovery in an Arizona divorce can vary widely depending on the complexity of the divorce case. Depending on the willingness of parties to cooperate, discovery in an Arizona divorce can take several weeks to many months.

Disclosure in Arizona Divorce Proceedings

Discovery and Disclosure Phase of the Arizona Divorce Process Timeline.

In Arizona, the court requires each spouse to provide the other with specific information, known as “disclosure”. This is a precursor to formal discovery. The requirement of disclosure ensures that both parties have a similar understanding of the extent of community assets and debts, the income of each spouse, and information relating to child custody issues.

Mandatory Disclosure Documents in an Arizona Divorce

Typically, disclosure documents must include the following:

  • Complete tax returns for the past three years.
  • Pay stubs or other evidence of earned income for the current year.
  • Deeds, leases, and promissory notes.
  • Periodic statements for the past six months for all bank, savings, and investment accounts.
  • Life insurance, health insurance, and disability insurance policy statements.
  • Detailed list of personal property, real estate, and debts.

Time Frame for Disclosure in an Arizona Divorce

Preliminary disclosure in an Arizona divorce must be made within 40 days after a response to the divorce petition is filed. However, as new information becomes available, the parties must provide updated disclosure.

Discovery and Disclosure

The discovery and disclosure phases of an Arizona divorce are used to promote a fair and equitable divorce settlement. Although these phases can be time-consuming, they are designed to protect both parties’ interests and rights. It is advisable to seek competent legal counsel to navigate these stages effectively.

Divorce Attorneys Providing Information About the Proper Use of Discovery and Disclosure in an Arizona Divorce

If you have questions about discovery and disclosure in an Arizona divorce, you should seriously consider contacting the divorce attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation today.

Frequently Asked Question and Discovery and Disclosure in an Arizona Divorce

Is Arizona a Mandatory Disclosure State for a Divorce?

Yes, Arizona requires both spouse’s in a divorce in Arizona to disclose basic financial and other information in a divorce. However, the spouses can agree to waive disclosure of this information if they choose to do so.

What Does Discovery Show in a Divorce in Arizona?

Generally, discovery allows each spouse to obtain information regarding all assets and income accumulated by the other spouse, as well as other information that may have an impact of the issues of child custody, child support, alimony, and division of community property.

Is Discovery Worth it in an Arizona divorce?

Depending upon how much knowledge you have regarding your spouses income and assets, discovery may or may not be worth it. Even if your spouse controls all the finances and, hence, you know very little about the community assets, debts, or even your spouse’s income, you may complete discovery and not discover enough to have made discovery worth it. However, if you do not do discovery you may be leaving a significant amount of assets out of your share of the division of community assets.

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