Back to Learning Center

Video

Specialty tag(s): Divorce

Is Discovery Necessary in a Divorce?

Kelly Ausley-Flores | July 15, 2025

During a divorce, discovery is a legal process used to gather detailed information and documentation from the other party. While this can be a vital step in complex or high-conflict divorces, it is not required in every case. Many couples reach a resolution without engaging in formal discovery.

When Is Discovery Used in a Divorce?

Discovery is used during a divorce when there is a lack of transparency about finances, assets, or property. It ensures that both parties have a clear understanding of these matters and access to the same information before making any decisions related to property division, support, or custody.

Discovery is a valuable process, especially in a high-net-worth divorce, but it’s also time-consuming and costly. The process can involve subpoenas, interrogatories, depositions, and formal requests for records. While discovery is often the best option for those with significant assets or complex financial situations, it can be avoided if the parties involved are willing to work together.

Can You Have a Divorce Without Discovery?

Yes. A divorce without discovery is possible, and often preferable, if both spouses are willing to cooperate and voluntarily share necessary information. For example, if both parties agree to sign financial releases, attorneys can access important documentation without formal legal requests. And if there’s no dispute over the character of certain assets, such as separate property inherited before the marriage, there may be no need for a detailed discovery process. Instead of relying on litigation, couples can resolve matters through informal exchanges or mediation.

How to Avoid Discovery in a Divorce

Communication and a willingness to compromise are essential parts of how to avoid discovery in divorce. If both spouses are represented by attorneys who prioritize resolution over conflict, it’s often possible to share relevant financial details and reach a settlement more quickly and simply.

Get Help Resolving Your Divorce Today

Discovery isn’t always necessary in a divorce, but if doubts, disagreements, or hidden assets exist, discovery may be required to protect your interests. At Goranson Bain Ausley, our goal is to explore efficient solutions first, such as voluntary financial disclosure or working with financial professionals. We keep discovery as a fallback, not a starting point, which often saves clients both time and money. The key is to consult with an experienced family law attorney, like Kelly Ausley-Flores, who can determine whether discovery will add value to your case or whether a more streamlined path can achieve the same results. Contact us today to schedule a consultation and discover which option is right for you.