California divorce interrogatories or divorce discovery interrogatories are written questions asked by one party, which must be answered by the opposing party under oath or under penalty of perjury. Divorce interrogatories are a form of pre-trial discovery in which a party seeks to gather information from the other party. Divorce discovery interrogatories are often used by a party to obtain answers to specific questions about the location or value of both of the partys assets and income and expenses information that is not accessible to both parties. California family code section 2100-2113 covers the disclosure of assets and liabilities. Divorce interrogatories can also be used for discovery of information such as liabilities, allegations, potential witnesses, and exhibits. Regardless of how interrogatories are to be used, the following general points pertaining to California divorce interrogatories are worth noting:
Divorce interrogatories should be used as a source of discovery of information not a form of domination or coercion. In other words, the information sought by a party should be reasonable and relevant.
There is often a limit on the number of divorce interrogatories that may be asked. In other words, an attorney cannot bombard the opposing counsel with an unreasonable amount of interrogatories.
Typically the divorce interrogatories must be completed within a specified time frame.
Since each California divorce or California dissolution of marriage case is unique, the divorce interrogatory questions used for discovery can vary from case to case. Further, the rules and regulations for using divorce interrogatories as part of pre-trial discovery may also vary. For more information about the use of interrogatories you can check with your local county Superior Court courthouse or website. If you have specific questions about divorce interrogatories in California you would be wise to consult a California family law attorney, California divorce attorney, or California divorce lawyer in your area to help you learn about divorce interrogatories as a form of discovery and if it is the right approach for your divorce or child custody case.
2007 Child Custody Coach