Discovery Of Assets And Other Issues In A High Net Worth Asset Divorce

In Arkansas high net worth divorce cases, discovery tools such as interrogatories, requests for production, requests for admissions, subpoenas duces tecum, and depositions are critical for uncovering marital income, hidden money, and financial and other misconduct.  Each method under the Arkansas Rules of Civil Procedure serves a unique role in identifying, verifying, and challenging information and documentation. 

These tools are indispensable for tracing assets, distinguishing marital from non-marital property, and uncovering financial irregularities.  Below is a brief explanation of each method of discovery: 

Interrogatories (Rule 33 of the Arkansas Rules of Civil Procedure)

Definition:  Written questions served on the opposing party, requiring sworn written answers.

Exemplary uses in divorce:  Identify sources of income (salary, bonuses, dividends).  Ask about ownership interests in businesses or partnerships.  Probe for gambling habits, offshore accounts, or transfers to third parties, including extramarital partners.

Strategic value:  Forces the spouse to commit to specific answers that can later be challenged if inconsistent.

Requests for Production (Rule 34 of the Arkansas Rules of Civil Procedure)

Definition:  Demands for documents, records, or electronically stored information.

Exemplary uses in divorce:  Obtain bank statements, credit card records, tax returns, and investment portfolios.  Request business financials, real estate deeds, and loan documents.  Trace dissipation of marital funds on paramours or gambling.

Strategic value:  Provides the paper trail necessary to prove hidden accounts or undisclosed movement of money, and valuing assets.

Requests for Admissions (Rule 36 of the Arkansas Rules of Civil Procedure)

Definition:  Written requests asking the opposing party to admit or deny specific facts.

Exemplary uses in divorce:  Confirm ownership of certain accounts or properties.  Establish whether funds were transferred to relatives or offshore entities.  Narrow disputes by forcing admissions about marital vs. non-marital property.

Strategic value:  Simplifies trial by locking in uncontested facts, authenticating documents, and exposing dishonesty.

Subpoenas Duces Tecum (Rule 45 of the Arkansas Rules of Civil Procedure)

Definition:  Court orders compelling third parties to produce documents or testify.

Exemplary uses in divorce:  Obtain records directly from banks, casinos, or employers.  Secure evidence of offshore accounts or gambling activity.  Access business records when one spouse controls the enterprise.

Strategic value:  Circumvents stonewalling by the opposing spouse and ensures independent verification.

Depositions (Rule 30 of the Arkansas Rules of Civil Procedure)

Definition:  Oral questioning of parties or witnesses under oath, recorded by a court reporter.

Use in divorce:  Cross-examine a spouse about suspicious transfers or hidden accounts.  Question accountants, business partners, or financial advisors.  Explore inconsistencies between testimony and documents.

Strategic value:  Provides real-time insights into credibility, assessment of parties and third parties as testifying witnesses at trial, and can expose evasive behavior.

Conclusion

Discovery under Arkansas law is the backbone of high net worth divorce litigation. By strategically using interrogatories, requests for production, requests for admissions, subpoenas duces tecum, and depositions, attorneys can uncover hidden assets, prove dissipation of funds, and ensure equitable division of property. The process is fact-intensive, but when leveraged correctly, it exposes the financial truth behind complex marital estates.

Matt House can be contacted by telephone at 501-372-6555, by e-mail at mhouse@jamesandhouse.com, by facsimile at 501-372-6333, or by regular mail at James, House, Swann & Downing, P.A., Post Office Box 3585, Little Rock, Arkansas 72203.