Discovery in a Divorce | Episode 13

Discovery in Colorado Divorce: How to Uncover Hidden Information

In this episode of Divorce at Altitude, Ryan Kalamaya walks listeners through the discovery process in a Colorado divorce. Discovery is the legal process of gathering critical information, and it plays a vital role when one party isn’t forthcoming with necessary details. Ryan explains the rules governing discovery, including Rule 16.2, Rule 26, and others that guide the process in Colorado divorces.

Ryan covers various discovery tools, including subpoenas to obtain records from third parties like banks, requests for production to ask your spouse for documents (such as financial records), and interrogatories to ask specific questions about parenting time, decision-making, and financial matters. He also touches on the importance of depositions, where questions are answered under penalty of perjury, providing an opportunity to gather detailed information in complex cases.

If you suspect one party is withholding information or want to ensure full financial transparency, this episode offers valuable insights into the discovery process. Ryan also explains how financial disclosure under penalty of perjury works, and when you may need a special master or expert to assist with gathering the right information.

Episode Outline

Overview of Discovery in Divorce
An introduction to the discovery process and how it fits into a Colorado divorce.

Subpoenas and Requests for Production
How subpoenas and document production requests help obtain key records, such as bank statements and financial documents.

Interrogatories in Divorce
Understanding how interrogatories (questions) can be used to clarify issues like parenting and financial matters.

Depositions and Sworn Statements
How depositions work and the importance of answering questions under oath.

When to Use a Discovery Master
The role of a discovery master in more complex cases and how experts can assist in gathering critical information.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Transcript

Ryan Kalamaya:
Welcome to Divorce at Altitude, a podcast on Colorado family law. I'm Ryan Kalamaya. Each week, along with my business partner and cohost Amy Gosha or an expert, we discuss a particular topic related to divorce or co-parenting in Colorado. In addition, we have created a short series of lessons that will take you through the legal process of divorce and answer your questions from simple to complex. Divorce isn't easy. The end of a marriage, especially when children are involved, brings a great deal of loss and change. We hope these practical tips and insights will help you on your journey to a new and better life.

Ryan Kalamaya:
I mentioned initial disclosures in rule 16.2, and said that both parties have a fiduciary duty to one another to disclose all material information without the other party asking. Well, what happens if you don't get all the information that you need, or you feel like the other party is hiding the ball? Well, you can engage in discovery. Discovery is the legal process of gathering information in a lawsuit, such as a divorce. The rules of civil procedure in Colorado guide or control discovery. Those relevant rules are rule 16.2, which I previously mentioned, 26, 30, 33, 34, 37 and 45. Rule 45 is for subpoenas, and you can go and subpoena records from a bank or a business if you think that that's going to be the most efficient method to get additional information.

Ryan Kalamaya:
Well, you can also ask your spouse to produce documents. That's called requests for production. And you can ask for bank records and a whole host of documents that you may feel would be helpful to answer particular questions. There are what are called pattern requests for production, and they are approved by the Colorado Supreme Court. So if the other party generally can't object and it might be produce all documents or information related to a separate property claim. Another form of discovery are what are called interrogatories. Interrogatories is just a fancy word for questions. So you can ask the other party, if children are involved, what they think should be decision-making, should it be joint? Should it be sole decision-making and why? Parenting time, what should the schedule be? Have the kids been involved in counseling? Those are called interrogatories. Again, like request for production, there are what are called pattern interrogatories, and you can also have non pattern interrogatories, so you can ask very specific questions, and the other party is going to have generally 35 days to produce documents for request for production or 35 days to answer questions.

Ryan Kalamaya:
The answers to those questions, like a sworn financial statement, are done under penalty of perjury. So the other party, it's just like being under oath. And speaking of which, the deposition or a deposition is another discovery mechanism. That's where you or your attorney will sit down and ask the other party under penalty of perjury, so it's just like going into a court, various questions. So if the other party owns a business, you can ask questions or your attorney can ask questions about the business' revenues or expenses and value.

Ryan Kalamaya:
Now, if your case is particularly complicated, you can have what's called a discovery master or a special master, not by maybe someone that oversees the information and there's other discovery issues relating to when an expert's involved. We'll get to those next or later, but you should just understand the general discovery process.

Ryan Kalamaya:
Thanks for listening or watching this short lesson on The Divorce at Altitude podcast. If you found this helpful, please leave a review or share with a friend. It does help for others that are going through or thinking about a divorce in Colorado. If you want to find out more information, please visit Kalamaya.law or divorceataltitude.com and that's K-A-L-A-M-A-Y-A.law. Remember, this is educational information. It's not intended to be legal advice. Please consult with an attorney about the particulars of your case. We're happy to answer questions. Feel free to give us a call at (970) 315-2365.