How Much Does Discovery Cost in Divorce?

Discovery can add a few thousand dollars to the cost of a divorce, but there is no standard price. In a relatively straightforward case, discovery may involve exchanging financial records and answering a limited number of written questions. In a complicated or high-conflict divorce, depositions, subpoenas, expert witnesses, forensic accounting, and court motions can cause discovery costs to reach tens of thousands of dollars.

The cost depends largely on what information is needed, how difficult it is to obtain, and whether both spouses cooperate. Contact a Salt Lake City divorce lawyer for more information.

What Is Discovery in a Divorce?

Discovery is the formal process used to obtain information and evidence from the other spouse or from third parties.

Before the court can divide property, determine support, or resolve certain custody disputes, both parties need access to relevant information. Discovery helps the spouses and their attorneys understand the facts, evaluate settlement options, and prepare for trial if an agreement cannot be reached.

Common discovery methods include:

• Financial disclosures
• Interrogatories
• Requests for production of documents
• Requests for admission
• Subpoenas
• Depositions
• Property appraisals
• Business valuations
• Expert evaluations
• Forensic accounting
• Electronic discovery

Not every divorce requires every type of discovery. The right approach depends on the issues involved and the amount at stake.

Are Basic Financial Disclosures Part of the Cost?

Most divorce cases require the spouses to exchange certain financial information. This may include tax returns, pay stubs, bank statements, debt information, retirement records, and a financial declaration.

If both spouses provide complete and organized records, the cost may be relatively limited. Attorney time may still be needed to review the documents, identify missing information, and determine whether the disclosures appear accurate.

The cost can increase when a spouse:

• Submits incomplete records
• Provides disorganized documents
• Omits accounts or sources of income
• Refuses to provide required information
• Produces thousands of irrelevant pages
• Claims not to have access to financial records
• Makes unexplained withdrawals or transfers
• Owns a business with complicated finances

Clients can often reduce costs by gathering their own records, organizing them by account and date, and responding promptly to their attorney’s requests.

How Much Does Written Discovery Cost?

Written discovery commonly includes interrogatories, requests for production, and requests for admission.

Interrogatories are written questions that must be answered formally. Requests for production ask a spouse to provide documents or electronically stored information. Requests for admission ask a party to admit or deny specific statements.

The cost depends on the number and complexity of the requests. A focused set of requests addressing a few missing accounts may require relatively little attorney time. A lengthy set involving several years of financial activity, business ownership, property claims, and parenting allegations will take considerably longer to prepare and answer.

Attorney time may be required to:

• Determine which requests are necessary
• Draft the discovery
• Review the other spouse’s requests
• Gather responsive information
• Prepare legally appropriate objections
• Review the documents produced
• Identify incomplete or inconsistent answers
• Communicate with the opposing attorney
• Prepare follow-up requests

Written discovery may cost several hundred to several thousand dollars per round. Repeated or overly broad discovery can cost substantially more.

How Much Do Subpoenas Cost?

A subpoena can be used to obtain records from someone other than a spouse. Banks, employers, mortgage companies, medical providers, business partners, accountants, and retirement plan administrators are common subpoena recipients.

The direct cost of a subpoena may include:

• Attorney time to prepare it
• Service fees
• Witness fees
• Record-copying charges
• Research and document-review time
• Fees charged by the business producing the records
• Costs associated with objections or motions

One uncomplicated subpoena may cost a few hundred dollars. The expense can be much greater if the subpoena is challenged, directed to an out-of-state entity, or produces a large 

volume of records.

Third parties may also charge for locating, reviewing, and copying records. Electronically stored information can become particularly expensive when large email accounts, business databases, cloud storage, or other digital records are involved.

How Much Does a Deposition Cost?

A deposition is a formal question-and-answer session conducted under oath. Depositions are frequently used when a party needs detailed testimony from a spouse, witness, business partner, expert, or other person with relevant information.

A deposition can involve several separate costs:

• Attorney preparation time
• Attorney attendance
• Court reporter fees
• Transcript charges
• Videographer fees
• Exhibit preparation
• Travel expenses
• Expert witness fees
• Time spent reviewing the transcript

Even a short deposition may cost several thousand dollars after preparation, attendance, and transcript expenses are included. A full-day deposition or one involving an expert can cost considerably more.

Depositions can be valuable when credibility is important, financial explanations are inconsistent, or a witness may later testify at trial. They are not always necessary when the same information can be obtained through documents or written responses.

How Much Does a Forensic Accountant Cost?

A forensic accountant may be needed when a divorce involves complicated finances or concerns about hidden assets.

A forensic accountant may investigate:

• Unreported income
• Undisclosed bank accounts
• Business expenses used for personal purposes
• Suspicious transfers
• Cryptocurrency
• Cash-heavy businesses
• Deferred compensation
• Overpayments to creditors
• Payments to relatives or romantic partners
• Artificially reduced business income
• Property purchased through another person or entity

A limited review may cost several thousand dollars. A complete forensic investigation involving years of records, multiple businesses, expert reports, depositions, and trial testimony can cost tens of thousands of dollars or more.

Before retaining a forensic accountant, an attorney should help evaluate the likely value of the missing property. The investigation should have a reasonable chance of recovering more than it costs.

How Much Does a Business Valuation Cost?

If one or both spouses own a business, determining its value can be one of the most expensive parts of discovery.

A business valuation may examine:

• Revenue and expenses
• Assets and liabilities
• Tax returns
• Financial statements
• Owner compensation
• Customer concentration
• Intellectual property
• Goodwill
• Loans between the business and its owners
• Related companies
• Expected future earnings
• Whether personal expenses are being paid through the business

The cost depends on the size and complexity of the company. A small business with clean financial records may be evaluated for several thousand dollars. A valuation involving multiple entities, disputed income, incomplete books, or competing experts may cost much more.

Each spouse may also retain a separate expert, which increases the overall expense.

Does Custody Discovery Cost More?

Discovery is not limited to money and property. It may also be used in disputes involving legal custody, parenting time, relocation, domestic violence, substance use, or the child’s best interests.

Custody-related discovery may involve:

• School and attendance records
• Medical information
• Parenting communications
• Calendars
• Police reports
• Employment schedules
• Travel records
• Social media posts
• Text messages and emails
• Witness depositions
• Drug or alcohol testing
• Custody evaluations
• Expert testimony

Medical and mental health records may be protected by privacy and privilege rules. A spouse cannot assume that every record will be available simply because it might be useful in a custody dispute.

Custody discovery can become expensive when the parents make broad accusations, demand years of communications, or involve numerous professionals and witnesses. Focusing on evidence that directly relates to the child can help keep the process manageable.

Who Pays for Discovery?

As a practical matter, each spouse commonly pays that spouse’s own attorney fees and initially advances the third-party costs associated with the discovery that spouse requests.

That does not necessarily determine who will ultimately bear the expense. Depending on applicable law and the facts of the case, a court may order one spouse to contribute to the other spouse’s attorney fees or discovery expenses.

A court may be more likely to consider shifting costs when one spouse:

• Controls most of the marital money
• Has substantially greater financial resources
• Refuses to provide required information
• Disobeys discovery orders
• Conceals or destroys evidence
• Forces the other spouse to file a motion to obtain basic records
• Uses discovery to harass or create unnecessary expense

Fee awards are not automatic. A spouse should not incur unlimited discovery costs based on the assumption that the other person will eventually be ordered to pay them.

What Makes Discovery So Expensive?

Attorney time is often the largest expense. Every request must be prepared, reviewed, answered, or challenged. The documents received must then be examined and connected to the issues in the divorce.

Discovery becomes more expensive when:

• The spouses do not cooperate
• Financial records are incomplete
• Multiple businesses are involved
• Assets are held in several states or countries
• One spouse is self-employed
• A spouse receives cash or irregular compensation
• Digital evidence must be preserved and reviewed
• Experts are necessary
• Depositions are required
• Discovery disputes require court intervention
• Important records must be obtained from third parties
• A spouse produces documents in a confusing or unusable format

The cost can also increase when the parties use discovery emotionally. Discovery is meant to obtain evidence, not punish a spouse or investigate every bad decision made during the marriage.

Can Discovery Costs Be Reduced?

Yes. A focused discovery plan can often uncover the necessary information without investigating every possible issue.

Ways to control discovery costs include:

• Identifying the disputed issues before sending requests
• Completing mandatory disclosures promptly
• Voluntarily exchanging readily available records
• Using existing documents before issuing subpoenas
• Limiting requests to relevant time periods
• Organizing records before giving them to an attorney
• Using secure electronic document transfers
• Avoiding duplicate requests
• Resolving minor disputes informally when possible
• Prioritizing assets with meaningful value
• Using depositions only when they serve a specific purpose
• Asking experts to work in defined phases

Current court rules generally expect discovery to remain relevant and proportional to the needs of the case. The likely benefit should justify the burden and expense. That principle is reflected in both Utah’s disclosure and discovery rules and the Idaho Rules of Family Law Procedure.

Is Discovery Worth the Cost?

Discovery is worth the expense when it helps protect a significant financial or parenting interest.

It may be particularly important when:

• A spouse controls all financial accounts
• Income appears to be underreported
• Assets have disappeared
• A business has not been properly valued
• Separate and marital property are mixed
• Retirement benefits have not been disclosed
• A spouse has transferred money to another person
• Financial statements contain serious inconsistencies
• A witness has important information
• The parties strongly disagree about facts affecting the children

The decision should be based on expected value, not anger. An experienced divorce attorney can help compare the likely cost of discovery with the financial or legal benefit it may produce.

Talk to a Divorce Attorney About Discovery Costs

Discovery costs in divorce can range from a relatively small amount for basic document exchanges to tens of thousands of dollars in complex, high-asset, or high-conflict cases. The most effective approach is usually a targeted plan that focuses on information capable of changing the outcome.

Brown Family Law can help you determine which discovery methods are necessary, identify avoidable expenses, investigate missing information, and build a strategy that fits the value and complexity of your case.