Understanding Discovery in a Massachusetts Divorce: What You Need to Know

Divorce involves far more than simply deciding to end a marriage. Before you can reach a fair settlement or proceed to trial, both you and your spouse must exchange detailed information about your finances, assets, and other relevant matters. This process is called discovery, and understanding how it works can make a significant difference in how prepared you are for what lies ahead. For many people going through divorce in Massachusetts, discovery represents one of the most important phases of the entire process—yet it is also one of the least understood. This article will walk you through everything you need to know about discovery, from the basic requirements to the strategic considerations that can shape the outcome of your case.

What Is Discovery in a Divorce Case?

Discovery is the formal, legal process through which divorcing spouses exchange information. In Massachusetts, this exchange is not optional—it is required by law. As a matter of course, both parties must provide three years of financial documentation to each other. This mandatory disclosure includes tax returns from the past three years, bank account statements showing all accounts held individually or jointly, pay stubs or other documentation verifying current income, and health insurance information, including coverage details and costs.

Beyond these mandatory disclosures, either party can request additional information from the other. Discovery tools available in Massachusetts divorce cases include several important mechanisms. Interrogatories are written questions that must be answered under oath, and they can cover a wide range of topics relevant to the divorce. Requests for admissions allow one party to pin down the other’s position on specific facts or issues, which can be useful for streamlining the case and avoiding unnecessary disputes at trial. Depositions give attorneys the opportunity to question the other spouse under oath in a recorded setting, gathering valuable information that can help shape case strategy and trial preparation.

The fundamental purpose of discovery is to ensure that both parties—and the court—have a complete and accurate picture of the marital estate. Without discovery, one spouse could hide assets, underreport income, or misrepresent their financial situation, leading to an unfair outcome. Discovery creates transparency and accountability, which are essential for reaching a fair resolution.

Types of Information Collected During Discovery

The specific information exchanged during discovery depends on the issues in your particular case. Every divorce is different, and the discovery process should be tailored to address the specific questions and disputes that need to be resolved. For financial matters, discovery typically requires documentation including pay stubs and income records from employment, bank account statements from all individual and joint accounts, retirement and investment account statements showing current balances and contributions, credit card statements revealing spending patterns and outstanding debts, business records including profit and loss statements if either spouse owns a business, and tax returns from the past several years showing reported income and deductions.

When parenting time and custody are contested, discovery may focus on different types of information. This can include evidence related to each parent’s mental and emotional state, documentation of each parent’s availability and work schedule, records demonstrating each parent’s ability and history of caring for the children, and communications between the parties regarding parenting decisions and the children’s well-being.

Discovery is not limited to paper documents. Photographs, videos, electronic communications, text messages, emails, and other digital records can all be requested and exchanged if they are relevant to the issues in the case. The broad scope of discovery ensures that nothing material is overlooked and that both parties have access to the information they need to make their case.

Responding to Discovery Requests

If you receive a discovery request from your spouse’s attorney, you have several options for how to respond. First, you should work with your attorney to review each request and determine whether it is legitimate and whether the information sought is relevant to your case. Massachusetts law does allow parties to object to certain discovery requests, but the threshold for relevance is quite low. If the information has any connection to the issues in your divorce—whether financial, custodial, or otherwise—you are likely obligated to provide it.

There are limited exceptions and valid objections that can be raised, but these are narrow in scope. An objection might be appropriate if a request is overly burdensome, seeks privileged information such as communications with your attorney, or asks for documents that simply do not exist. However, the court generally favors full disclosure, and objections are often overruled unless there is a compelling reason to limit the scope of discovery.

One thing you should never do is ignore a discovery request. Failure to respond can result in serious consequences, including court-imposed sanctions. The court may order you to comply with the request, impose financial penalties for the delay, or draw negative inferences about your conduct at trial. In cases involving suspected hidden assets, non-compliance can lead a judge to assume the worst about what you are trying to conceal, which can significantly harm your position in the case.

What Happens When a Spouse Refuses to Cooperate?

Discovery only works when both parties participate in good faith. Unfortunately, some spouses attempt to stonewall the process by refusing to provide requested information, providing incomplete or evasive responses, or delaying compliance in hopes of wearing down the other party. When this happens, the court has tools to enforce compliance and ensure that discovery serves its intended purpose.

A judge can issue an order compelling the uncooperative spouse to produce the requested documents or information within a specified timeframe. If the spouse continues to refuse or delay, the court can impose escalating penalties. Financial sanctions may be imposed, requiring the non-compliant party to pay the other side’s attorney fees or other costs incurred because of the delay and obstruction.

At trial, a judge may draw unfavorable conclusions about the non-compliant party’s conduct. If you refuse to disclose financial information, for example, the court may assume you are hiding assets and factor that assumption into the final judgment. This can result in a more favorable outcome for your spouse and a less favorable outcome for you. If you are dealing with a spouse who is not cooperating with discovery, your attorney can file a motion to compel and seek the court’s intervention. The legal system takes discovery obligations seriously, and there are meaningful consequences for those who try to undermine the process.

How Attorneys Use Discovery Strategically

Discovery is not just a procedural requirement—it is a strategic tool that family law attorneys use to build the strongest possible case for their clients. Understanding how discovery can be used strategically can help you appreciate why this phase of your divorce is so important.

The first strategic use of discovery is to size up the case. Many people entering a divorce do not have a complete picture of the marital finances. One spouse may have handled all the banking, investments, or business matters during the marriage, leaving the other spouse in the dark about what assets exist and what they are worth. Discovery allows your attorney to uncover exactly what accounts exist, what is in those accounts, and what the true income picture looks like. This information is essential for setting realistic goals and understanding what outcomes are achievable.

The second strategic use of discovery is to gather the evidence needed to prove your case. Once you and your attorney have identified your goals—whether related to asset division, spousal support, or parenting time—discovery becomes the mechanism for obtaining the information necessary to support those goals. Your attorney can craft specific discovery requests designed to elicit the evidence needed to build your case and position you for the best possible outcome, whether through settlement or at trial.

This reverse-engineering approach means that discovery is not random or unfocused. Every request serves a purpose, and the information gathered is used to advance your interests. A skilled attorney will know what questions to ask, what documents to request, and how to use the responses to strengthen your position.

Take the Next Step

Discovery is a critical phase of any Massachusetts divorce. Understanding what to expect, how to respond, and how to use discovery strategically can help you protect your interests and achieve a fair resolution. The process may seem overwhelming at first, but with the right guidance, you can navigate discovery with confidence and use it to your advantage.