Divorce is not just an emotional process—it’s a legal one that depends heavily on information. To divide assets fairly, determine support, and resolve custody disputes, both spouses must disclose accurate financial and personal information. When one side hides income, deletes messages, or refuses to cooperate, the discovery process becomes essential.
At Martine Law, we help clients navigate discovery in North Carolina divorces with care and precision. Whether you’re seeking the truth about your spouse’s finances or protecting your own privacy, understanding how discovery works—including subpoenas, document requests, and even social media evidence—can make a major difference in your case outcome.
You can find detailed court rules for discovery in domestic cases under the North Carolina Rules of Civil Procedure, Article 5 and resources from the North Carolina Judicial Branch.
What Is Discovery in a North Carolina Divorce?
Discovery is the formal process of gathering evidence from your spouse (and sometimes third parties) during a divorce or family law case. It’s designed to ensure both sides have full access to relevant information before trial or settlement.
Discovery is especially important in cases involving:
- Hidden assets or bank accounts
- Complex property division
- Disputed income or business ownership
- Questions about a spouse’s behavior, parenting, or credibility
Each spouse has a legal duty to provide honest, complete responses to discovery requests. If someone withholds or destroys evidence, the court can impose serious penalties—including sanctions or default judgments.
Common Discovery Tools in North Carolina Divorces
Attorneys use several tools to uncover information during discovery:
- Interrogatories
Written questions that your spouse must answer under oath. These often cover topics like income, debts, assets, and recent financial activity. - Requests for Production of Documents
Formal requests for documents such as bank statements, tax returns, credit card records, deeds, business ledgers, or digital messages. - Requests for Admission
Statements sent to the other side asking them to admit or deny specific facts—useful for narrowing down what’s disputed. - Depositions
Sworn, in-person interviews where attorneys question parties or witnesses, with a court reporter recording every word. Depositions can be crucial when uncovering inconsistencies or verifying financial claims. - Subpoenas to Third Parties
When a spouse refuses to cooperate or provides incomplete information, your attorney can issue subpoenas—legal orders compelling banks, employers, social media companies, or other entities to turn over documents or testify.
How Subpoenas Work in Divorce Cases
A subpoena is one of the most powerful discovery tools available. It requires third parties to produce documents or appear for questioning, even if they’re not directly involved in the divorce.
Common subpoena targets include:
- Banks and credit unions: To verify balances, transactions, or hidden accounts.
- Employers or payroll departments: To confirm income, bonuses, and benefits.
- Mortgage companies or realtors: To assess property values or undisclosed holdings.
- Social media platforms or phone carriers: To retrieve communications or deleted posts.
Under North Carolina law, subpoenas must comply with privacy regulations and be properly served. At Martine Law, we ensure every subpoena is narrowly tailored—targeting relevant information without violating privacy rights or appearing overly intrusive.
Privacy Concerns During Discovery
Discovery often feels invasive. Financial records, private messages, and personal details can become part of the court record. However, privacy protections do exist.
Key privacy principles include:
- Requests must be reasonably limited to relevant issues (for example, income, property, or parenting).
- Sensitive personal data—such as medical information, passwords, or irrelevant communications—can be protected through motions for a protective order.
- Attorneys can request that certain information be sealed from public access if disclosure could cause harm or embarrassment.
Our firm frequently negotiates privacy safeguards to prevent unnecessary disclosure, especially when digital data or personal communications are involved.
Social Media: The Hidden Risk in Discovery
In today’s world, social media is one of the most revealing sources of evidence in divorce cases. Photos, posts, comments, and private messages can be used to prove:
- Hidden income or lavish spending
- Parental behavior relevant to custody
- Inconsistencies between what a spouse claims and what they post
- Evidence of relationships or misconduct that affect alimony or credibility
Courts allow social media evidence as long as it is lawfully obtained and relevant. That means screenshots, public posts, and messages obtained without hacking are often admissible.
However, you should never delete or alter posts after a divorce begins—this can be viewed as destroying evidence and may lead to sanctions.
Best practices for social media during divorce:
- Do not post about your case or your spouse.
- Avoid sharing photos of new purchases, vacations, or relationships.
- Adjust privacy settings, but assume anything you post could be seen in court.
- Tell your lawyer about any potentially damaging content before opposing counsel finds it.
At Martine Law, we help clients review and manage their digital footprint to avoid unintentional harm during the discovery phase.
Discovery and Financial Transparency
Discovery ensures fairness in equitable distribution, North Carolina’s system for dividing marital property. Through discovery, attorneys can identify:
- Hidden assets or accounts
- Undervalued business interests
- Undisclosed debt or spending
- Transfers made to conceal property
The goal is transparency—not punishment. If one spouse tries to manipulate or hide finances, the court can infer wrongdoing and award a greater share of assets to the other.
Our team at Martine Law uses discovery to reveal the full financial picture while ensuring that clients comply with their own disclosure obligations ethically and accurately.
How Martine Law Protects Your Interests in Discovery
Discovery can be one of the most stressful parts of a divorce, but it’s also where truth and fairness are achieved. Whether you need to uncover hidden information or protect your privacy, having a strategic legal partner matters.
At Martine Law, our attorneys:
- Draft targeted discovery requests and subpoenas.
- Challenge overbroad or invasive requests from the other side.
- Secure court orders to protect confidential data.
- Analyze digital, financial, and social media evidence.
- Use discovery findings to strengthen negotiation or trial strategy.
We treat your privacy and your reputation with the same care we give your legal rights.
If you’re going through a divorce in North Carolina and suspect hidden assets—or simply want to ensure fairness, contact Martine Law. Our family law team will help you navigate discovery with skill, discretion, and confidence.