Divorce Interrogatories

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Discovery Interrogatories

As you may already know, discovery is part of the divorce process. It refers to a process by which each party seeks to acquire necessary information for trial including:

All assets
All liabilities
All financial and income information
All relevant factual allegations that will be made by the opposing party
All potential witnesses
All potential documentary exhibits and other evidence to support their case

Interrogatories are one form of this discovery.� They are simply written questions that are submitted to the opposing party in a lawsuit. Those questions must be answered in writing under oath or under penalty of perjury within a specified time (usually 30 days). Objections may be made to questions that are overbroad, unduly burdensome �or unlikely to lead to admissible evidence.��

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Most states limit the number of interrogatories that may be asked without the court's permission to keep the questions from being a means of oppression rather than a source of information. Some states, such as Illinois, even have standard interrogatory questions that may be asked.

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Interrogatory questions may vary from case to case depending on the issues that are in dispute and the particular facts of the case.� Below you will find some sample questions.� Remember, these questions may not be right for your case.

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1.��State your present residence address, and identify all other persons residing at your residence address.

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2.��escribe in detail your educational background, and include the names and addresses of all institutions that you have attended, the dates of attendance, and a description of the degrees or certificates that you have obtained.

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3.��If you currently lack certification in any field in which you have a degree or have received training, describe in detail any and all requirements you must fulfill in order to obtain certification, how those requirements can be met, the time necessary to fulfill the requirements, and the costs of fulfilling the requirements.

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4.��Describe each position of employment held by you since, �and include the name and address of your employer, the dates of your employment, your official title, if any, a description of all compensation that you received including bonuses, and any benefits provided by the employment.

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5.��Describe in detail all of your sources of income or compensation, whether or not reported on any tax return, since ��, and, as to all income and assets or services received, set forth the income, assets or services received, the nature and amount of any deductions or set-offs, and the net amount received.

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6.��State whether or not you have taken any action since �� to qualify for or secure Social Security benefits, workers' compensation benefits, unemployment compensation benefits, or any form of public assistance, and, if so, describe in detail the action taken, the results of such action, any benefits received, and the anticipated duration of any benefits.

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7.��Set forth in detail each and all of your assets, not including household goods and furnishings, and state the:

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a.��A complete description of each asset (if real property, set forth the common address and the full legal description, and, if securities, set forth the name of the issuer, the date of issue, the certificate number, and the number of shares or other type of denomination);

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b.��The exact name or names of the record and/or registered owners thereof;

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c.��The date of acquisition;

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d.��The original cost, if any (and, if the same was acquired in any other manner than by purchase on your part, describe the manner of such acquisition);

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e.��The tax basis;

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f.��The current fair market value as of the date of the Answers to these Interrogatories; and

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g.��All encumbrances, if any, against the asset, setting forth the name and address of the encumbrance, the date of the encumbrance, the original amount thereof, the present balance thereof, and the nature of the payoff.

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8.��If you have any interest in a sole proprietorship, joint venture, or partnership, or if you have five percent (5%) or more shares of the stock in a closely held corporation, set forth as to each such entity:

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a.��The date and place of organization;

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b.��A detailed statement of its capital structure and your

investment in the entity;

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c.��The names, addresses and ownership interest of all

officers, directors, shareholders and owners;

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d.� Whether or not there is any restrictive sales agreement

between you and any others as to each entity, and, if so,

the details of such agreement.� In lieu thereof, a copy of

each such agreement may be attached;

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e.� A detailed description of the nature of the business

engaged in by such entity;

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f.��Your tax basis in the entity;

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g.��The current fair market value of your interest;

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h.��Any encumbrances against your interest; and

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i.��A description of any services you render for the entity.

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9.��List all household goods and furnishings in your possession and state your opinion as to the fair market value of each item.

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10.��Identify any particular household goods, furnishings, or other assets to which you assert a specific claim or right, and state the factual grounds upon which any such specific claim or right is based.

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11.��With respect to the homestead of the parties, state your desires and/or plans as to the following:

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a.�The duration and conditions of the use and occupancy,

the identity of the proposed occupants, and the reasons in

support of such occupancy; and

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b.�Any proposed sale or other disposition of the property,

including the desired terms and the date of sale.

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12.�� If any sales, assignments, or gifts of real or personal property (including cash) having a fair market value in excess of $_______ were made by you since_____, set forth:

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a.��A full description of any such real or personal property

sold, assigned or gifted; the date thereof; the name and

address of the purchaser, assignee, or beneficiary; the

price, if any, charged therefore; and the terms of any such

transaction, including the nature of the pay‑off to you, if

any, as to each such asset sold, assigned or gifted; and

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b.�The complete details as to the disposition by you of the

proceeds of any sale referred to in Subpart "a" of this

Interrogatory.

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13.��If any person, corporation, partnership, or entity of any nature owes you any money, then for each debtor state:

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a.��The name and address of the debtor;

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b.� The amount due as of the date of these Interrogatories,

the basis for the indebtedness, whether there is written

evidence of the indebtedness, the date the indebtedness

was incurred, and the terms for repayment; and

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c.� Whether the obligation is contingent and a description

of any such contingency.

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14.��Set forth the name and address of each of your creditors, the basis for each debt, the contents of any written evidence of each debt (or attach a copy of such written evidence), the date each debt was incurred, the amount due on each debt as of the date of the Answers to these Interrogatories, whether the obligation is contingent, and a description of any such contingency.

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15.��Set forth the name and address of each depository in which you have had any checking account, savings account, money market account, certificate of deposit, trust certificate, and any other account in your name, or with any other party, since ___________, and state the balances in each of said accounts as of ___________.

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16.��If since ____________, there have been any bank accounts or depositories on which your name did not appear and in which you have deposited any money, state the place of the deposit, the address of the depository, the name of the account owner, the date of your deposits, and the reason for the deposit by you in the account.

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17.��If you have any safe deposit boxes, state where they are located, when first rented, and give a detailed description of the contents of each such box on January 1st of this year and as of the date of the Answers to these Interrogatories.

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18.��If you have created any trust, either irrevocable or revocable, describe in detail each instrument incorporating such trust.� In lieu thereof, a copy of each trust instrument may be attached hereto.

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19.��If you are a beneficiary of any past, current and/or prospective annuity, trust, will or estate, either irrevocable or revocable, describe in detail any documents evidencing your interest. In lieu thereof, a copy of the documents may be attached hereto.

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20.��Set forth any other tangible or intangible property not referred to in any previous Interrogatories, including any options to acquire property or any property held for your benefit by any firm, person or business entity, and for any such item state:

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a.� A detailed description of the property or option to

acquire property;

b.�The purchase price;

c.�The present market value; and

d.�The name and address of any person, firm or business

entity holding such property for your benefit.

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21.��Describe each policy of life insurance on your life and/or your spouse's life, setting forth the name of the company issuing the policy; the number of each policy; the face amount of each policy; the type of insurance, whether whole, endowment, level term, reducing term or otherwise; the names of the primary and/or contingent beneficiaries designated in each policy; and the amount of cash surrender value for each policy as of the date of the Answers to these Interrogatories.� If there has been any change in the ownership, the primary or contingent beneficiaries, or the cash value of any of said policies since ____________, describe the changes and include the date of such changes.

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22.��State whether or not you have any beneficial interest in any profit sharing, pension or retirement plan and describe the plan in detail indicating the gross amount of your beneficial interest, whether vested or unvested; the present fair market value of your interest; the calculations which support your conclusions concerning the present fair market value of your interest; the name and address of the trustee of the plan; the increase in the value of your interest since ____________.� The projected increase in value of your interest in the present calendar year; and the name of the administrator of the plan if different from the name of the trustee.

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23.��Describe in detail any program of medical, dental, or disability insurance available to you through your employment or otherwise and indicate all eligible beneficiaries of said plan.

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24.��If since _____________, you have prepared, or had prepared, any financial statement or lists of your assets and liabilities including, but not limited to, any such documents prepared for any lending institution or bank, for each such financial statement or list of assets, state the:

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a.�� Date of preparation;

b.��Person or entity preparing the document;

c.��Purpose for which the document was prepared;

d.��Information contained therein.� In lieu thereof, a copy

of each document may be attached hereto; and

e.��Name and address of the person presently having

custody of each document.

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25.��If since ____________, any sole proprietorship, partnership, or corporation in which you own an interest prepared, or had prepared, any financial statements or lists of assets and liabilities including, but not limited to, any such documents prepared for any bank or lending institution, for each financial statement or list of assets, state the:

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a.��Date of preparation;

b.��Person or entity preparing the document;

c.��Purpose for which the document was prepared;

d.��Information contained therein.� In lieu thereof, a copy

of each document may be attached hereto; and

e.��Name and address of the person presently having

custody of each document.

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26.��Set forth the names and addresses of the accountants or accounting firms who have done accounting work for you personally or for any business in which you have had an interest since ��.

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27.��Set forth the names and addresses of all stockbrokers with whom you have done business since ��.

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28.��Describe in detail any and all written appraisals made or caused to be made by you or on your behalf with respect to any of your assets listed in response to the preceding Interrogatories. In lieu thereof, copies of the written appraisals may be attached hereto.

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29.��Identify each item of real or personal property which you claim to be "non‑marital property" as defined by Minn. Stat. � 518.54, subd. 5, by providing the following:

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a. A description of the property;

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b. The identity of the person from whom the property was

acquired;

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c.� The date of acquisition;

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d.��The manner in which the property was acquired (i.e. by

gift, inheritance, purchase, etc.);

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e.��The market value at the time of acquisition;

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f.��The present market value;

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g.��Whether any gains, interest, dividends, rent, or other

income has been received incident to your ownership of

this property;

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h.��The disposition of any gains, interest, dividends, rent or

other income received incident to your ownership of this

property;

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i.��The facts upon which you rely in asserting that the

property is "non‑marital" as defined by Minn. Stat. �

518.54, subd. 5; and

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For each item of property which you assert to be non

-marital because it was acquired in exchange for another

item of non‑marital property, provide the information

requested in subparts "a" through "i" above with respect to

the original item of non‑marital property that was

exchanged.

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30.��Describe each and every liability you had on the date of your marriage to , and indicate how and when each liability was satisfied.

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31.��For each automobile, recreational vehicle, trailer, motor, or boat owned or used by you state the:

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a.� The make, model and year;

b.� The owner;

c.��The license plate number and state of issue;

d.��The fair market value;

e.��The name of the secured party;

f.��The balance of any encumbrance thereon;

g.��The amount of monthly payment; and,

h.�� The names of all persons using it.

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32.��Describe in complete detail the contents of any books, records or other documents reflecting income and/or expenses that you have prepared or maintained since ___________.� In lieu thereof, copies of such documents may be attached hereto.

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33.��Set forth with particularity an itemized schedule of your average monthly living expenses (stating separately, wherever possible, all expenses relating to the minor child(ren)).

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34.��If you have included expenses in your itemized schedule of average monthly living expenses for anyone other than yourself and the minor child(ren) from your marriage to �herein, state with specificity what other expenses have been included and to whom the other expenses are attributable.

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35.��As to each expense, state whether it has been paid by check, money order, cash, or some other medium of payment.

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36.��If you anticipate an increase or decrease in your income or any of your expenses, state the nature and amount of the increase or decrease, the reason for the increase or decrease, and the date you expect the increase or decrease to occur.

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37.��State the permanent legal and physical custody arrangements that you believe are in the best interests of the minor child(ren) of the parties, and specifically address the time that each parent should have with said child(ren).

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38.��Describe in detail the parenting responsibilities assumed by each party during the marriage and subsequent to the separation of the parties, and specifically set forth the time spent by each party with the minor child(ren) during the marriage and subsequent to the separation of the parties.

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39.��If you or any of the minor child(ren) of the parties have been seen, tested, evaluated, or treated by any professional person such as a psychiatrist, psychologist, sociologist, social worker, family counselor, or other professional, since ��, identify the professional by name, address and area of practice, state the date of each contact with the professional, explain the purpose of each contact, and indicate whether the contacts are continuing.

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40.��Describe with particularity any medical care or treatment that you or (any of) the minor child(ren) receive or have received on a regular basis, identify the person rendering such treatment, and state the costs thereof.

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41.��If you suffer from any physical or mental impairment or infirmity, describe such impairment or infirmity in detail and include a complete description of the diagnosis, course of treatment, any restrictions imposed and the prognosis.

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42.��For each criminal, civil, domestic abuse, or other incident reported to the police, in which you have been involved since _______________, state the:

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a.��The nature and substance of the complaint or incident;

b.��The county and state in which the complaint or

incident occurred; and

c.��The disposition of the complaint or incident.

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43.��If you have been cited for any offense or charged with any crime since ____________, for each matter state the:

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a.��The date you were charged or cited;

b.��The offense or violation for which you were charged or

cited;

c.��The date of the alleged offense or violation;

d.��The names of any persons who were witnesses to the

alleged offense or violation;

e.��The disposition or outcome of the charge or citation;

f.��The dates of any incarceration or treatment;

g.��The county and state in which you were charged or

cited; and

h.��The name and location of the court in which

�proceedings occurred as a result of the charge or citation.

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44.��State the name and address of each witness, expert or otherwise, that you intend to call on your behalf in this proceeding, and for each such witness, state:

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a.��The substance of the facts and opinions to which the witness is expected to testify;

b.��Any assumed facts upon which the witness will rely;

c.��A summary of the grounds for each opinion;

d.��The contents of any documents upon which the witness will rely.

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