Chances are you will be served with Interrogatories during the course of your divorce proceedings. Interrogatories are a part of the Discovery process. They are a maximum of 30 questions that must be answered in writing, under oath, and within 30 days of service. Failure to respond to Interrogatories can result in stiff sanctions. Strategy is important, both in asking and answering Interrogatories.  Remember, anything you say in your written responses can be used as evidence in court. Therefore, it is crucial that your Interrogatory responses are clear and concise. Keep in mind the Four ‘W’s of Interrogatories while you craft your answers.

1. What are you being asked to provide? Interrogatories are very specific requests. You may be asked where you lived between January 2008 and May 2009, or whether your job allowed you to work overtime in the past 12 months. In these examples, you would not want to respond with your current address, or whether you worked overtime two years ago. It is critical that you pay attention to the details in Interrogatory questions so you can prepare yourself to answer accordingly.

2. Why are you being asked for that information? The old saying about the devil being in the details applies here. Divorces are often amicable. But, when they aren’t, every little tidbit of information may have value. When you first look at the list of Interrogatories you’ve been served with, ask your self why your soon-to-be-former-spouse is interested in that information. Many of the questions are standard, used to simply obtain and organize basic information like your full name, current address, and current employer. Other questions get to the core of your marital and divorce issues. If, for instance, you are asked about your involvement in your childrens’ lives—a good assumption would be that a custody battle may be brewing. If you are being asked about your ability to earn income, there may be a discussion about spousal support on the horizon.

3. What information must you share? In general, you are required to respond to every reasonable question. Questions may not be considered reasonable if they are overly broad in nature, or have no reasonable relation to the divorce proceedings. If a question is reasonable, you must answer it to your best ability. For example, if an Interrogatory asks you to list every item of property in which you have interest, how it is titled, the value, and the date you acquired each listed item, you need to respond with a detailed list of everything  of value that you own—not just your car and house. Remember, Discovery is ongoing so you have an obligation to update any of your responses as the information contained within changes.

4. What information should you keep to yourself? Strategy is the name of the game. There is certain information that you may be asked to provide—like evidence of an affair—which you have a legal right not to respond to. It can be tricky because there may be parts of single question that a Judge would require you to answer, and other parts of that same question that you would not be required to answer. If you really feel like a question asks for too much or incriminating information, an attorney can help you craft a response that meets the legal requirements for responding to Interrogatories without giving away too much information.

This is the second in an ongoing series about Discovery. For the next few weeks, we will go more in-depth about this very important process. As always, we here at Delaney & Keffler, LLC will take the time to fully explain Discovery, and help you obtain beneficial information. Contact us today at 410-535-3476  (FIRM) or welcome@delaneykeffler.com for a free consultation.

If you are involved in a domestic litigation case, somewhere along the way you will most certainly be involved in a process known as Discovery. Discovery can begin as early as the filing of the initial complaint, and continue right on up through the final hearing. Although the process may seem overwhelming, it is very important that you provide all requested information to your attorney in a timely manner. Failure to respond to Discovery can result in severe sanctions, including a court ruling that precludes you from introducing critical evidence at trial.

Maryland has very liberal rules about what information is discoverable. Any information that can lead to admissible information is discoverable. That means that an opposing party can request information that it cannot present in the court room, so long as that bit of information will help them learn something else that that they can present in the court room.

There are five types of Discovery:

Interrogatories—A maximum of 30 questions, presented to an opposing party in writing. A party has 30 days to respond to all of the questions, in writing and signed under oath. An attorney will help craft appropriate responses in a manner that protects a client’s legal rights, including the right not to self-incriminate (“Pleading the fifth”).

Requests for Production of Documents—Any number of written requests for access to documents or property. A party has 30 days to respond by providing copies of the documents or property, or providing access to the documents or property. Under certain circumstances, access may be denied with an acceptable reason.

Depositions—An interview under oath, usually conducted after Interrogatories and Requests for Production of Documents are completed. Answers are recorded, and may be used against you during litigation, especially if your answers during the deposition conflict with your answers at trial.

Records Depositions—A Records Deposition is very similar to a Request for Production of Documents. However, a Records Deposition is usually used to request documents from a non-party to a case. Also, unlike Requests for Production of Documents, a Subpoena is required and must be properly served on the person that controls the sought after documents. A person has 30 days to respond to the Subpoena by providing the requested records or providing access to the records.

Request for Admissions—Request for Admissions are written statements that the opposing party must either admit or deny. Any statements that the party fails to respond to within 30 days are deemed admitted. Admitted statements are accepted as truth during trial proceedings.

This is the first in an ongoing series about Discovery. For the next few weeks, we will go more in-depth about this very important process. As always, we here at Delaney & Keffler, LLC will take the time to fully explain Discovery and help you obtain beneficial information. Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.

A Bill that would tremendously change the waiting period for obtaining an absolute divorce in Maryland has been passed by both the House (House Bill 402) and Senate (Senate Bill 139) and is well on its way to becoming new law.

This bill amends the Maryland Family Law Article, Section 7-103 (a) and (c) to reduce from two years to 12 months, the period of time required for parties seeking an absolute divorce to live apart without cohabitation and without interruption before filing a Complaint for Absolute Divorce based on the grounds of involuntary separation.

Basically, the section underlined below will be eliminated from the current law and other provisions of Family Law 7-103 modified accordingly to allow for, in a sense, a one year separation, whether involuntary or voluntary.
If you think this isn’t big news, just ask someone who has had to wait two years to even file and start the process of obtaining a divorce!

Currently in Maryland a court may grant an absolute divorce on the following grounds:
• adultery;
• desertion, if the desertion is deliberate and final, has continued for 12 months without interruption, and there is no reasonable expectation of reconciliation;
• voluntary separation, if the parties have voluntarily lived separate and apart without cohabitation for 12 months without interruption and there is no reasonable expectation of reconciliation;
• conviction of a felony or misdemeanor in any state or federal court, if the defendant has been sentenced to serve at least three years, or an indeterminate sentence, and has served 12 months of the sentence;
• two-year separation, when the parties have lived separate and apart without cohabitation for two years without interruption before the filing of the divorce application;
• insanity, as specified; or
• cruelty of treatment or excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
The full text of the bill and how it changes the current law can be viewed at the following link: http://mlis.state.md.us/2011rs/bills/sb/sb0139t.pdf
As always, we here at Delaney & Keffler, LLC will take the time to fully explain the process and laws associated with Divorce and assist you in every way we can to make the process less painful. Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.

Delaney & Keffler was formed with the notion that attorneys should do more than draft legal documents and litigate disputes in court. First and foremost a good attorney will take the time to sit down and meet with a potential client to discuss that potential client’s individual needs, goals, fears, and limitations in order to determine what the best course of action for that individual client will be.