“Discovery” is an important pre-trial phase for Georgia divorces, and it involves information-gathering. During this phase, your ex may be able to request all kinds of documents from you. But what happens when these requests become a little too excessive? What if your ex is requesting documents that are not even relevant to your divorce? Is there any way you can push back, or do you have to give your ex what they want?

Your Ex Can Only Request Documents Relevant to Your Divorce

As a basic rule, evidence is only admissible in a trial if it is relevant. If your ex tries to introduce evidence that is irrelevant, it will likely be thrown out. As a result, you are under no obligation to provide documentation that is irrelevant to your divorce. Even if your ex obtains this evidence during discovery, they will not be able to use it during the trial. As a result, there is no point in providing the evidence in the first place. 

That being said, your ex could request a range of records during the discovery phase. At first glance, you might wonder how these records could possibly be relevant to your divorce. For example, your ex might request your credit card statements or your medical records. You might assume that these records have nothing to do with your divorce, but they could affect the trial in various ways. 

For example, a credit card statement might show that a spouse became addicted to online gambling. These records might also highlight gifts purchased for an illicit partner. Medical records could raise questions about a parent’s ability to act as a primary custodial guardian. You might be required to hand over all kinds of documents as your spouse tries to gain an advantage before the trial. 

You Can Object to Unreasonable Requests

If you believe that a document request is unreasonable, ask your family law attorney for advice. It may be possible to push back against these unreasonable requests in various ways. For example, you could ask your ex to provide a more detailed explanation of why they need the documents. You might also formally object to the document request – and this might force your ex to obtain a subpoena. This involves asking the court to order you to hand over the documents. 

Many spouses use unreasonable document requests as a stalling tactic. They might also do this to test your patience and make your divorce as difficult as possible. Family courts frown on this type of behavior, and your ex could face serious consequences. 

Handle Divorce Discovery With an Experienced Georgia Family Law Attorney

If you are facing challenges during divorce discovery, a Georgia family law attorney may be able to help. While your ex may have the right to request certain documents during this pre-trial phase, there is always a limit. Inappropriate or excessive disclosure requests may allow you to push back, and you might not need to provide these documents. To learn more about the next steps, contact Lankford & Moore Law today.