Limits on Interrogatories in Matrimonial Actions

In an action for a divorce, the court must determine the rights of the parties in their separate property and marital property and equitably distribute their marital property. It must consider 16 enumerated factors in making an equitable distribution of marital property. (DRL §236(B)(5)(d)(1-16). When post-divorce maintenance is requested the court must consider 20 factors in determining its amount and duration, and if the guideline amount is unjust or inappropriate (DRL §236(B)(6)(e)(a-o) and (f)). In making an award for child support and determining whether the basic child support obligation is unjust or inappropriate the court is required to consider the 10 child support factors. (DRL §240(1-b)(f)). Broad disclosure is required by the non-monied spouse by way of a searching exploration of the parties’ assets, income, and financial dealings to gather all relevant information for purposes of establishing a prima facie case with regard to each of the factors.

Interrogatories have been a cost-effective disclosure device used in matrimonial actions, before or instead of depositions, especially where the parties have limited financial resources. Interrogatories are frequently used as the first disclosure device in those actions because they are far less costly to use than taking a deposition and can be used to obtain relevant documents without first serving a notice for discovery and inspection. (CPLR 3120). The questions propounded in interrogatories may be used to ascertain the existence of relevant documents and require that they be returned with the answers to the interrogatories or made available for examination and copying. (CPLR 3131). On the other hand, a deposition in a matrimonial action is time-consuming and increases the client’s legal fees substantially. It is not unusual for the deposition of a party to be conducted for more than a day or two. Frequently, the party being deposed does not produce all of the documents requested in the notice to take deposition (see CPLR 3111) and offers to provide copies of the requested documents after the deposition concludes. Since these promises often go unfulfilled it is customary to adjourn the deposition until the documents are produced and the proponent of the deposition has the opportunity to question the witness about them at another session of the deposition.