What Can You Do if Your Spouse Won't Cooperate with the Divorce Discovery Process?

 January 09, 2026 in Elite Lawyer

Going through a divorce is stressful enough without your spouse making things harder on purpose. Unfortunately, this does happen, and when your spouse refuses to cooperate with the discovery process it can delay your case and create serious problems. 

Discovery is an important part of divorce because it helps both sides understand the full picture of assets, debts, and other important information. When your spouse blocks this process, you need to know your options and work with a qualified family law attorney. 

Only attorneys who have gone through a rigorous vetting process can be recognized with the Elite Lawyer award. If your spouse is going out of their way to make your 2026 divorce harder, you need a good attorney. We can help you find one. 

What Is the Discovery Process in Divorce?

Around 650,000 divorces are finalized every year in the US, according to the CDC. Every divorce requires certain information to be exchanged between the divorcing spouses. 

Discovery is the legal process where both sides exchange this information. This ensures both parties and the court have accurate facts about income, property, debts, and other relevant issues.

During discovery, you might receive requests for documents like bank statements, tax returns, or employment records. You might also need to answer written questions called interrogatories, or sit for a deposition where you answer questions under oath.

Federal Rule of Civil Procedure 26 governs discovery in federal cases, while most state courts have similar rules requiring both parties to participate honestly and completely. The reason is simple: Both sides deserve to know the facts.

What Are Common Ways People Refuse to Cooperate with Divorce Discovery?

Some spouses actively work against the discovery process. Common problems include:

• Ignoring requests completely

• Giving incomplete information like turning over only a few bank statements

• Claiming they cannot find important documents

• Giving vague answers that dodge the real issue

When responding to written questions, some people answer "I don't remember" to nearly everything or provide technically accurate responses that give no useful information.

What Can You Do if Your Spouse Won't Cooperate with Discovery During Your Divorce?

When your spouse refuses to participate properly in discovery, you have several legal options to force compliance.

File a Motion to Compel

A motion to compel asks the court to order your spouse to provide the information or documents they are withholding. Your attorney files this motion explaining what you requested, how your spouse failed to comply, and why you need the information. The judge can then order your spouse to respond properly within a specific timeframe.

Request Sanctions

If your spouse continues to ignore discovery obligations even after a court order, you can ask the judge to impose sanctions. Sanctions are penalties meant to punish bad behavior and encourage cooperation. They can include:

• Fining your spouse money

• Ordering your spouse to pay your attorney fees for the extra work caused by their non-cooperation 

• Striking pleadings, which means removing certain claims or defenses from your spouse's case 

• In extreme cases, entering a default judgment against your spouse

Ask for a Court Order for Third-Party Discovery

Sometimes you can get information directly from banks, employers, or other third parties instead of relying on your spouse. Your attorney can subpoena records from these sources, though this process has its own rules and limitations.

Document Everything

Keep detailed records of every discovery request you send and every inadequate response you receive. Save emails, certified mail receipts, and notes about missed deadlines. This documentation helps your attorney show the court a pattern of non-cooperation.

Find an Outstanding Family Law Attorney Through Elite Lawyer

The attorneys recognized by Elite Lawyer have been peer-nominated and carefully vetted for their skills and commitment to client service. When you need someone who understands discovery disputes and can take action to protect your interests, Elite Lawyer's directory connects you with qualified professionals who have earned recognition from their colleagues in the legal community. 

Contact Elite Lawyer or visit the Elite Lawyer directory today to find a family law attorney in your area who can help you.