In the initial stages of a divorce action, the parties and their lawyers must determine the identity, value and location of marital property.  Much of this can be determined based on deeds, balance statements and other documentation in the possession of one party or the other.  One party may also possess documentation pertinent to “fault grounds” for divorce or other claims of wrongdoing.  The process of obtaining such evidence from the other party is called “discovery.” During the discovery process, each party may request information relevant to the divorce action from the other party.  Subject to some exceptions, a party must provide the opposing party with the documents requested.  Refusal to provide the documentation can lead to “contempt” charges or sanctions included but not limited to striking defenses, awarding attorneys fees and/or stiking claims for relief. Also, if a party loses, alters or destroys (sometimes called “spoliation”) requested documents in his is or her possession, the court will sometimes infer that the document contained information unfavorable to that party.

Bannon v. Bannon, No. CL 14000129-00 (Hanover County Cir.)