Attorney
When the power goes out unexpectedly, even the simplest tasks become difficult. You know your house. You know where things are. But in the dark, familiar spaces feel uncertain. You bump into furniture. You second-guess yourself.
For many high net worth couples in the Albuquerque area, divorce is that unexpected darkness. Even if you think you have a good grasp on your financial life, once you begin the divorce process you quickly realize that having a broad understanding is different from documenting, valuing, and dividing each asset.
That’s why having an experienced family law attorney like Bob Matteucci, who also happens to be a former business owner with an MBA and a head for numbers, by your side is key. Bob knows how to use the discovery process to illuminate the issues that need to be resolved and help you move forward.
What Is Discovery?
For couples with high-value assets, like business owners and professionals, divorce is often amicable. Most of the time, there is no bad intent. There is simply complexity: Multiple income streams. Business interests. Investment accounts. Deferred compensation. Real estate. Retirement plans. Sometimes trusts. Sometimes inherited assets that have been in one family or another for years.
Discovery is the formal exchange of information about these assets. It ensures that both parties have complete and accurate financial information before negotiating a settlement.
Different Types of Discovery
Soon after a couple decides to divorce or one party files a petition for divorce, the attorney for each spouse sends discovery requests to the other side. In New Mexico, there are several different discovery tools that each party may use to gather information and evidence.
Interrogatories
Interrogatories are a list of questions that the other party answers under oath. The questions often gather basic but critical information about the other party’s assets, debts, income, and retirement accounts.
Request For Production
A request for production of documents is exactly what it sounds like. One spouse requests documentation (typically financial) from the other spouse. This can include things like bank statements, property valuations, investment/retirement statements, paycheck stubs, W-2’s, and state and federal tax returns.
When there are more complex assets involved, a request for the production of documents might also ask for copies of financial statements, business formation documents, photographs, real estate appraisals, certified market valuations, and vehicle appraisals.
Depositions
Depositions are sworn answers made by a party to questions asked by the opposing party’s attorney. A court reporter places the person under oath and records the statements said during the deposition. The recording is transcribed into an official record.
Attorneys may depose the other party, witnesses, experts, and other individuals associated with the divorce proceedings.
Requests for Admissions
Requests for Admissions are used to identify the issues that are not in dispute or those that are agreed upon by the parties. An example of this would be both parties agreeing that a list of jointly owned rental properties is complete and accurate.
Subpoenas
A subpoena is a court order that requires a party to appear at a deposition or in court to provide testimony. It also can require parties to make specific documents or information available. Subpoenas can be valuable tools when one side is not forthcoming with needed information, or a third party with relevant information is not willing to voluntarily cooperate.
Typical Discovery Timeline
Every case differs, but in high-asset divorces, discovery is typically one of the first orders of business.
The amount of time it takes varies based on the size of the marital estate, the complexity of the assets involved, and the willingness of both sides to work toward a solution.
Discovery typically starts with the voluntary exchange of documents, followed by formal requests for additional information about anything that appears to be missing or mysterious.
If needed, depositions may be scheduled and subpoenas requested.
When done right, discovery illuminates the path forward. Strategic and proportional discovery can significantly streamline and shorten the divorce process. The goal is not to overwhelm or frustrate the other side. It is to obtain what is necessary to move forward, no more, no less.
Common Mistakes in Divorce Discovery
The biggest and most common mistake people in the Albuquerque area made during discovery is treating it like a weapon instead of a tool.
This often happens when professionals and business owners have gone through discovery in other civil litigation and experienced how frustrating or painful it can be in those cases. Letting that experience color your expectation of what discovery during divorce is like is a mistake.
Yes, divorce is technically an adversarial process. But the court is not going to pick a winner under New Mexico’s no-fault divorce law. The winners in divorce court are the couples who work together to sever ties and figure out how best to move forward. Therefore discovery should not be viewed as something you inflict on the other side, but a shared search for a solution.
The flip side of this is the other sort of discovery mistake people make: not taking full advantage of discovery tools because you think you know everything already.
When There Is Bad Intent
Occasionally, discovery does uncover evidence of unscrupulous behavior: things like undisclosed accounts, inconsistent income reporting, or unexplained transfers. Those are the cases where formal tools like depositions, and if necessary, subpoenas, become essential safeguards.
Even then, the purpose of discovery remains the same: clarity. Doing effective discovery does not create the problem, it reveals it.
Serving Families With Dignity & Compassion
Divorce can seem like a sudden power outage. You thought you had a good handle on your finances, but now you are in the dark, feeling lost and overwhelmed. Attorney Bob Matteucci and the rest of the Matteucci Family Law team are ready to help you use discovery tools to shine a light on what is happening and reveal a path forward. Please contact Bob today to set up a meeting and discuss your case.