There is a common pattern in contested divorce cases that keeps the parties from negotiating settlement in good faith.

One or both parties is not being fully honest about something that matters.

Sometimes it is subtle. A number that feels slightly off. An explanation that does not quite align with what you would expect. Other times, it is more direct. Missing accounts, incomplete disclosures, regular cash withdrawals, or income that seems far lower on paper than it does in real life.

Alternatively, it could be avoidance. In some cases, it may even reflect a belief that certain details aren’t important enough to share.

But whatever the reason, the effect is the same. When one side does not trust the information being provided, it becomes very difficult to engage in meaningful settlement discussions.

Most of the time, these issues center around finances. Income, assets, business interests, or patterns of spending. And almost always, there is an evidence trail somewhere that reflects what is actually happening.

The challenge is finding it. That is where discovery comes in.

Why Discovery Is So Important in Divorce

Divorce is not just a legal process. It is a financial unraveling of a shared life.

Over time, finances often become intertwined in ways that are not always easy to separate. One spouse may handle accounts, investments, or a business. The other may have access, but not the same level of involvement.  Sometimes spouses hold all or almost all assets and debts jointly, while others may never comingle their property. Either way, when trust breaks down in a marriage and either party senses a divorce on the horizon, financial maneuvering often enters the picture and complicates disclosure later.

By the time a divorce commences, the financial imbalance can be significant, and each party’s view of the other’s finances can be quite murky.  One spouse may know exactly what exists and where it is, while the other may only have a partial picture. Even in marriages where finances were more open, modern income streams—bonuses, stock options, side businesses, online income—can make it difficult to see the full picture without careful review.

Discovery exists to close that gap. It ensures that both sides have access to the same information so that they can make decisions about property division, support, and settlement on equal footing.

Mandatory Disclosure: The Starting Point

Every New Hampshire divorce case begins with mandatory financial disclosure. Each party completes a financial affidavit and provides supporting documentation related to income, assets, debts, and expenses. This creates the first snapshot of the financial landscape.

In some cases, this works exactly as intended. Both parties provide clear and accurate information, and the case moves forward efficiently. In other cases, it raises immediate concerns. Income may not match lifestyle. Expenses may appear unrealistic. Certain assets may be missing altogether. Sometimes these are honest mistakes. Other times, they are not.

Either way, when questions arise, discovery becomes necessary. But then the question becomes, “What types of discovery should we do?” We have several options.

Interrogatories: Putting the Story on Record

Interrogatories are usually one of the first formal discovery tools lawyers use, and for good reason. They are efficient, relatively cost-effective, and provide a structured way to begin building the factual foundation of a case.

Under Rule 33 of the New Hampshire Rules of Civil Procedure, these consist of written questions that must be answered in writing and under oath, enabling one party to request detailed information about income, employment, financial accounts, asset transfers, and other key issues.

Because witnesses give their answers under oath, those answers carry real weight. They become part of the formal record and can later be compared against documents, deposition testimony, and even trial testimony. If a party gives one version of events in interrogatories and a different version later, that inconsistency can hurt or help their credibility.

When Interrogatories Are Most Useful

Interrogatories tend to be most useful early in the discovery process, particularly right after mandatory financial disclosure.

At that stage, the parties often have a general outline of the financial picture, but there are gaps. Interrogatories help fill those gaps by requiring the other party to provide a more detailed explanation of their situation.

They are especially helpful when:

• You need a comprehensive list of accounts, assets, or liabilities
• You want to understand how a party describes their own finances or actions
• There are initial red flags in financial disclosures that need clarification
• You need to identify documents or third parties that may later become relevant

For example, if a financial affidavit lists only one checking account but spending patterns suggest otherwise, interrogatories can require the party to identify all accounts held over a period of time. Bank records or subpoenas can then test that answer.

They are also useful in cases involving transfers of assets, particularly leading up to the divorce. If there is concern that a party moves, gives away, or otherwise recharacterizes funds, interrogatories can require that party to identify those transactions and explain them.

How Interrogatories Shape the Case

One of the most important roles interrogatories play is that they lock a party into a position early.

Unlike informal conversations, interrogatory responses are formal, sworn statements. That means a party has to decide how they are going to describe their finances, their actions, and their claims.

That has two important effects.

First, it forces a level of organization and clarity. A party cannot simply say “I think that’s about right.” They have to provide a defined answer.

Second, it creates a baseline for comparison. As new documents emerge and discovery unfolds, you can check those answers for consistency.

This is where interrogatories become especially powerful. They are not just about gathering information. They are about creating a record that can be tested.

Examples of Common Interrogatories

To make this more concrete, consider the types of interrogatories that attorneys commonly use in New Hampshire divorce cases.

A basic set of interrogatories might include questions like:

• “Identify all bank accounts, investment accounts, and other financial accounts held by you individually or jointly within the past five years, including the name of the institution, account number, and current balance.”
• “State your current employer, position, and rate of pay, and identify all sources of income received by you within the past three years, including bonuses, commissions, and other compensation.”
• “Describe any ownership interest you have in any business entity, including the nature of the business, your percentage of ownership, and any income or distributions received.”
• “Identify all transfers of money or property in excess of $5,000 made by you within the past three years, including the date, amount, recipient, and purpose of the transfer.”
• “Itemize your monthly expenses as set forth in your financial affidavit and explain any expenses that have changed significantly in the past twelve months.”

Each of these questions aims to elicit specific information and creates a record that someone can later verify.

For example, if a party identifies only one bank account in response to the first interrogatory, but later-produced documents or subpoenas reveal additional accounts, that discrepancy can be used to question that party’s credibility. Similarly, if a party describes their income in a certain way, but tax returns or employer records show something different, that inconsistency allows for further exploration.

Requests for Production: Following the Evidence

If interrogatories establish the framework, requests for production provide the substance. Under Rule 34, a party can request documents such as bank statements, tax returns, business records, and electronic communications.

This is often the point in a case where things begin to move from general explanations into something much more concrete. Documents do not rely on memory, interpretation, or how a party chooses to describe a situation. They reflect what actually happened.

For that reason, attorneys typically use requests for production after initial disclosures and interrogatories, once they have enough information to identify where the gaps are or what needs verification. They are not just about gathering documents for the sake of it. They are about targeting the records that will either confirm the existing claims or reveal something different.

In many cases, interrogatories raise questions that documents alone cannot fully answer. For example, a party may describe their income in general terms, but that description may be incomplete or unclear. A request for production allows the other side to obtain the underlying records and evaluate that claim independently.

That is where this tool becomes particularly effective.

When Requests for Production Are Most Useful

Requests for production tend to be most useful in situations where:

• The financial picture is unclear or inconsistent
• There are concerns about underreported income
• A party owns or operates a business
• There are questions about transfers of assets
• Expenses appear inflated or do not make sense

They also commonly apply when a party provides only partial information. For example, producing a few months of bank statements may not provide enough context. A request for production can require a broader timeframe, enabling pattern identification.

Another common use is to verify representations made in interrogatories. If a party identifies certain accounts or income sources, document requests allow testing of those statements.

Examples of Common Document Requests

To understand how this works in practice, consider the types of documents people commonly ask for.

A typical request for production in a New Hampshire divorce case might include:

• “All bank statements for any account held individually or jointly in your name for the past three years.”
• “Copies of your federal and state tax returns, including all schedules and attachments, for the past five years.”
• “All documents reflecting income received by you, including pay stubs, W-2s, 1099s, and records of bonuses or commissions.”
• “All credit card statements for accounts held in your name or jointly for the past two years.”
• “All documents relating to any business in which you have an ownership interest, including profit and loss statements, balance sheets, and general ledgers.”

In more complex cases, requests may become more detailed. For example:

• “All documents reflecting any transfers of money or property in excess of $5,000 within the past three years.”
• “All communications, including emails and text messages, relating to the sale, transfer, or valuation of any asset.”
• “All documents reflecting any ownership interest in cryptocurrency or digital assets.”

Each of these requests targets a specific category of information for review and analysis.

Requests for Admission: Narrowing the Dispute

Requests for admission focus on specific issues under Rule 36, and they serve a very different purpose than other forms of discovery.

Instead of asking open-ended questions or requesting broad categories of documents, requests for admission pin down specific facts. They ask a party to admit or deny clearly stated propositions, such as whether a particular bank account exists, whether a document is authentic, or whether a certain event occurred.

For example, a request for admission might say:
“Admit that you maintained a checking account at XYZ Bank ending in 1234 during the year 2023.”
Or:
“Admit that the document attached as Exhibit A is a true and accurate copy of your 2022 federal tax return.”

If the receiving party admits the statement, that issue is no longer in dispute. It requires no proof at trial. That alone makes requests for admission a powerful tool for streamlining a case. Instead of spending time and resources proving basic facts, the parties and the court can focus on the issues that actually matter.

Depositions: Questioning in Real Time

Depositions serve as a more advanced discovery tool under Rule 30, and they operate very differently from written discovery like interrogatories or requests for production.

At a basic level, a deposition is a formal, in-person (or sometimes remote) question-and-answer session conducted under oath. The person under questioning, called the deponent, is sworn in just like they would be in a courtroom. A court reporter is present to create a transcript, and attorneys for both sides have the opportunity to ask questions.

What makes depositions particularly powerful is the live, real-time nature of the questioning.

Unlike written responses, where a party has time to think, review documents, and carefully craft an answer, a deposition requires immediate responses. That changes the dynamic significantly.

An attorney can ask a question, listen to the answer, and then follow up right away. If something does not make sense, the questioning can go deeper. If an answer conflicts with prior statements or documents, you can explore that inconsistency on the spot.

To understand how this works in practice, it helps to look at a simple example.

Imagine a case where one spouse has reported relatively modest income, but bank records suggest otherwise. During a deposition, the questioning might unfold like this:

Attorney: “You testified in your interrogatory answers that your annual income is approximately $75,000. Is that correct?”
Deponent: “Yes.”

Attorney: “I’m showing you what has been marked as Exhibit 3, which appears to be your bank statement from June of last year. Do you recognize this document?”
Deponent: “Yes.”

Attorney: “This statement shows deposits totaling approximately $18,000 for that month. Can you explain where those deposits came from?”
Deponent: “Some of that was business income.”

Attorney: “What portion of that $18,000 was business income?”
Deponent: “I’m not sure exactly.”

Attorney: “Was any of that income reflected in the $75,000 you reported?”
Deponent: “I’d have to check.”

At that point, the attorney can continue asking questions, narrowing in on the details, and comparing the answers to other documents. The process is fluid and responsive.

That is what makes depositions so effective.

They are not just about gathering information. They are about testing the reliability of that information.

Depositions are especially useful when credibility is at issue. If a party has provided inconsistent answers, vague explanations, or incomplete disclosures, a deposition provides an opportunity to explore those issues in a way that written discovery cannot.

For example, if a party repeatedly claims not to recall financial details in written responses, the court may accept that at face value initially. In a deposition, however, attorneys can probe that lack of memory. You can ask questions from different angles. Attorneys can introduce documents to refresh recollection. Over time, it becomes clearer whether the lack of memory is genuine or not.

Depositions also make sense in cases involving complex financial structures.

If one party owns a business, has multiple income streams, or receives compensation through bonuses, commissions, or deferred payments, it may be difficult to understand the full picture through documents alone. A deposition allows the attorney to walk through those details step by step, asking for explanations in real time.

Another situation where depositions are often useful is when there are disputes about key events or decisions.

For example, if there is disagreement about when a party acquires an asset, how a particular financial decision occurs, or whether certain funds transfer, a deposition allows those issues to come to light in detail. The attorney can ask follow-up questions and clarify the timeline in a way that written discovery cannot.

Depositions can also apply to third-party witnesses, not just the parties themselves. In some cases, an accountant, business partner, or employer may have information that is relevant to the case. A deposition allows parties to obtain information directly, under oath, and preserve it for later use.

That said, not every case requires a deposition.

They require significant preparation time, they carry considerable costs, and they offer the greatest value when meaningful disputes exist that written discovery alone cannot resolve.

In a simpler case, where both parties are transparent and the financial picture is clear, depositions may not be necessary. You can often gather the necessary information through affidavits and documents.

In a more complex or contested case, however, depositions can play a critical role.

They allow attorneys to evaluate how a party will present themselves, how they respond under pressure, and whether their explanations hold up when examined closely. They can also preserve testimony that courts may later use to support a position or challenge credibility.

In that sense, depositions are not just about gathering facts. They are about understanding how people will present and perceive those facts.

And when used thoughtfully, they can have a significant impact on how a case develops and ultimately resolves.

Third Party Discovery: Independent Verification

Sometimes the most reliable information in a divorce case does not come from the parties themselves. It comes from outside sources.

Subpoenas, governed by Rule 45, allow a party to obtain documents or testimony directly from third parties such as banks, employers, accountants, and other institutions. Experts often refer to this form of discovery as third-party discovery, and it plays a critical role when concerns arise about whether the information being provided is complete.

At a practical level, a subpoena takes the process out of the hands of the opposing party. Instead of relying on what someone chooses to produce, the request goes directly to the source of the information. That shift alone can be significant.

A common example involves bank records. A party may produce several months of statements or provide records for certain accounts while omitting others. That does not necessarily mean anything improper has occurred, but it does leave room for uncertainty.

A subpoena to the bank eliminates that uncertainty. It can request a complete set of records, often including:

• All monthly statements over a defined period
• Records of deposits and withdrawals
• Copies of checks
• Wire transfer records
• Account opening documents

This broader view can reveal patterns that a narrow set of documents cannot show. It may show additional income, transfers between accounts, or financial activity that has not previously come to light.

Employers frequently receive subpoenas for records, particularly in cases where income is unclear or in dispute.

For example, if a party’s compensation includes bonuses, commissions, or other variable components, a simple paystub may not tell the full story. A subpoena to an employer might request:

• Payroll records
• W-2s and 1099s
• Bonus and commission structures
• Employment contracts
• Records of benefits, such as stock options or deferred compensation

These documents can provide a more complete picture of income, which is often critical in determining alimony or child support.

Subpoenas also commonly apply to cases involving self-employment or business ownership.

If a party owns a business, they may control financial information internally. In that situation, subpoenas may be directed to:

• Accountants or bookkeepers
• Business banking institutions
• Payment processors
• Vendors or partners, in certain circumstances

The goal is to obtain records that reflect how the business actually operates, including revenue, expenses, and distributions.

Another increasingly important area of third-party discovery involves digital financial platforms.

Many people now use services like Venmo, PayPal, Cash App, or similar platforms for both personal and business transactions. These accounts can reflect income streams or financial activity that traditional bank records may not capture.

A subpoena to one of these platforms might request:

• Transaction histories
• Account balances
• Linked bank accounts
• Records of incoming and outgoing payments

In some cases, these records reveal patterns that are highly relevant. For example, repeated incoming payments may suggest additional income, while frequent transfers could indicate movement of funds between accounts.

Subpoenas do not restrict themselves to financial records.

In custody-related cases, attorneys may use third-party discovery to obtain school records, medical records, or counseling records when those issues are relevant. For example, school attendance records may address concerns about a child’s routine, or medical records may help understand a child’s needs.

There are also situations where subpoenas serve to obtain testimony, not just documents. A third party may need to appear for a deposition and answer questions under oath. This might include an accountant explaining financial records, or an employer clarifying compensation structure.

Of course, subpoenas are not without limits.

A party receiving a subpoena, or the opposing party, can challenge it if it is overly broad, seeks irrelevant information, or imposes an undue burden. This is typically done through a motion to quash or a request for a protective order.

For example, a subpoena that requests “all financial records of any kind” without limitation is likely to be challenged. Similarly, requests for privileged information, such as communications with an attorney, are generally not permitted.

Because of this, effective subpoenas tend to be targeted and specific. They focus on the information that is actually needed, rather than casting an unnecessarily wide net.

In the broader context of discovery, third-party subpoenas often come into play after initial document requests have been reviewed.

If the information provided by a party appears complete and consistent, subpoenas may not be necessary. But when there are gaps, inconsistencies, or unanswered questions, third-party discovery becomes one of the most reliable ways to obtain clarity.

It shifts the focus from what is being said to what can be independently verified.

And in a process where accuracy matters, that independent verification can make all the difference.

Practical Advice for Going Through Discovery

For someone going through a divorce, discovery can feel overwhelming.

You may be asked to provide financial documents going back several years. You may need to answer detailed questions about your finances, your employment, and your decisions during the marriage.

That is normal.

One of the most important things you can do is be organized. Gathering documents early, understanding what will likely be requested, and keeping clear records can make the process much smoother.

It is also important to be accurate.

Discovery responses are given under oath. If you do not know the answer to a question, it is better to say that than to guess. If information needs to be supplemented later, that can be done.

Trying to provide incomplete or misleading information tends to create more problems than it solves.

Finally, it helps to understand that discovery is not personal.

It may feel invasive at times, but it is part of a structured process designed to ensure fairness. Both sides are required to participate, and both sides are subject to the same rules.

Final Thoughts

Discovery is not always the most visible part of a divorce, but it is often one of the most important.

It is the process that brings clarity to uncertainty and allows decisions to be based on evidence rather than assumption.

In some cases, it is straightforward. In others, it requires persistence.

And in cases where the full story is not being told, it becomes the tool that brings that story into focus.

Divorce is difficult enough without having to question the underlying facts.

Discovery exists to answer those questions.

Frequently Asked Questions About Discovery in New Hampshire Divorce

What is discovery in a New Hampshire divorce?

Discovery is the process by which each party gathers information, documents, and testimony from the other side or third parties to understand the facts of the case.

Is financial disclosure required in NH divorce cases?

Yes. Both parties must complete a financial affidavit and provide supporting documents early in the case.

What are interrogatories?

Interrogatories are written questions that must be answered under oath. They are used to gather detailed information about finances and other issues.

What is a request for production?

It is a formal request for documents such as bank statements, tax returns, and business records that help establish the facts of the case.

What is a deposition?

A deposition is live testimony given under oath, where one party or witness answers questions from attorneys outside of court.

Can I get records directly from banks or employers?

Yes. Subpoenas allow parties to obtain records directly from third parties like banks, employers, or financial institutions.

What happens if my spouse hides assets?

Discovery tools can uncover hidden assets. If dishonesty is proven, courts may impose penalties or adjust outcomes accordingly.

Can discovery be limited?

Yes. Courts can limit discovery if it is overly broad, irrelevant, or burdensome through protective orders.

Do all divorce cases require extensive discovery?

No. Simpler cases may require minimal discovery, while more complex or contested cases may require more extensive investigation.

How does discovery affect settlement?

Discovery provides clarity. When both sides understand the facts, settlement discussions are more productive and realistic.