What Are Interrogatories
Interrogatories are written questions that one spouse sends to the other during divorce proceedings. The recipient must answer them in writing, under oath, within a specific timeframe (typically 30 days in most states, though some allow extensions). False or evasive answers can result in sanctions, including attorney's fees or adverse judgments.
In a divorce case, interrogatories are one of your primary tools to uncover financial information, establish patterns of behavior relevant to custody, and build your case for property division or spousal support. They're part of the formal discovery process and carry legal weight because answers are sworn statements.
How Interrogatories Work in Divorce Cases
You or your attorney draft interrogatories tailored to your specific situation. Common topics include:
- Income and finances: Employment history, bonuses, tax returns, retirement accounts, investment accounts, and hidden assets.
- Property and debts: Real estate holdings, business interests, loans, credit card balances, and property acquired before or during the marriage.
- Custody and parenting: The other parent's work schedule, childcare arrangements, time spent with the children, and any substance abuse or criminal history.
- Spousal support: Earning capacity, education level, health status, and ability to work.
- Lifestyle and expenses: Monthly spending, household accounts, vehicle ownership, and lifestyle changes during the marriage.
The receiving spouse must provide complete, truthful answers or object on specific legal grounds (privilege, relevance, burden). Most states allow 25 to 40 interrogatories without court permission, though you can request more with agreement or court approval. Evasive answers like "I don't recall" when documents exist can be challenged in court.
State-Specific Rules and Limits
Interrogatory rules vary by state. Federal courts and most state courts limit initial interrogatories to 25 without stipulation. Some states, like California, impose stricter limits on number and scope. Others, like New York, have no specified limit but require proportionality. Your state's family law rules of civil procedure govern the format, timing, and consequences of non-compliance. Check your state's court rules or consult your attorney about local requirements.
Strategic Use in Your Case
Well-drafted interrogatories establish a sworn record of the other spouse's financial position and parenting situation before trial or settlement negotiations. This record can expose inconsistencies, discrepancies between stated income and bank deposits, or claims about parenting time that don't match reality. Answers create leverage in settlement discussions because contradictions discovered later hurt credibility with judges.
Responses also inform follow-up discovery. If interrogatory answers reveal hidden accounts or questionable expenses, you can request production of documents or schedule a deposition to probe deeper. Combined with document requests and depositions, interrogatories form a complete discovery strategy.
Common Questions
- What if my spouse refuses to answer or gives incomplete answers? You can file a motion to compel answers with the court. If the other side still refuses without valid legal grounds, the judge can impose sanctions, award attorney's fees against them, or in extreme cases, find them in contempt of court.
- Can I answer interrogatories with "I don't know" or "I don't recall"? Only when truthful. Courts expect parties to make reasonable effort to answer, including reviewing documents or consulting records. Claiming ignorance about your own finances or parenting schedule raises red flags.
- Are interrogatory answers confidential? No. They become part of the case file and are typically accessible to both parties. Some answers may be marked as confidential if they contain sensitive information, but the court can still review them.
Related Concepts
- Discovery - the broader legal process of exchanging information between spouses.
- Deposition - live questioning under oath, often used to follow up on interrogatory answers.