Form Interrogatories - Family Law

FORM INTERROGATORIES - FAMILY LAW

COURT CAPTION

IN THE [________________________________] COURT
[________________________________] COUNTY, STATE OF [________________________________]
FAMILY DIVISION

________________________________________

In re the Marriage of / In the Matter of:

[________________________________],
Petitioner, Case No.: [________________________________]

v. Division: [________________________________]

[________________________________], Judge: [________________________________]
Respondent.
________________________________________

PROPOUNDING PARTY INFORMATION

Propounding Party: ☐ Petitioner ☐ Respondent

Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Propounding Party (if applicable):

Name: [________________________________]

Bar Number: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

INTERROGATORIES TO [☐ PETITIONER / ☐ RESPONDENT]

SET NO.: [____]

TO: [________________________________]

INSTRUCTIONS FOR RESPONDING PARTY

1. Governing Rules. These interrogatories are propounded pursuant to Federal Rule of Civil Procedure 33 (or the analogous state rule of civil procedure). You are required to respond within the time period prescribed by law.

2. Response Period. Under FRCP 33(b)(2), answers and objections must be served within thirty (30) days after service of the interrogatories. State rules may vary:
   - California: CCP Section 2030.260 provides 30 days (35 days if served by mail within California; 40 days if served by mail outside California).
   - New York: CPLR Section 3133 provides 20 days after service.
   - Texas: TRCP Rule 197.2 provides 30 days (50 days if served with the original petition).
   - Florida: FRCP 1.340 provides 30 days after service.

3. Manner of Response. Each interrogatory must be answered separately and fully in writing under oath. If you object to an interrogatory, you must state the grounds for the objection with specificity and answer any portion of the interrogatory that is not objectionable.

4. Oath Requirement. Your answers must be made under oath. The person answering the interrogatories must sign them under penalty of perjury. If an attorney objects to an interrogatory, the attorney signs the objection.

5. Business Records Option. Under FRCP 33(d), if the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing your business records, you may specify the records from which the answer may be derived and afford the propounding party a reasonable opportunity to examine and audit such records.

6. Numerical Limits. Under FRCP 33(a)(1), a party may serve no more than 25 interrogatories, including all discrete subparts, on any other party, unless otherwise stipulated or ordered by the court. State limits vary:
   - California: 35 specially prepared interrogatories without a declaration of necessity (CCP Section 2030.030). Form interrogatories (FL-145) are unlimited.
   - New York: No specific limit, but interrogatories must be reasonable in scope.
   - Texas: 25 interrogatories per party (TRCP Rule 190.2).
   - Florida: 30 interrogatories, including subparts (FRCP 1.340(a)).

7. Supplementation. You have a continuing obligation to supplement your answers if you later learn that a response was incomplete or incorrect. See FRCP 26(e).

8. Privilege. If you withhold information based on a claim of privilege, you must state the privilege claimed and describe the nature of the information withheld sufficient to enable the propounding party to assess the claim.

DEFINITIONS

As used in these interrogatories, the following terms shall have the meanings set forth below:

1. "You," "Your," or "Responding Party" means the party to whom these interrogatories are directed, including agents, representatives, employees, attorneys, accountants, and any person acting on your behalf or with knowledge of the facts.

2. "Identify" (as to a person) means to state the person's full legal name, current or last known address, current or last known telephone number, current or last known email address, and relationship to the parties or the action.

3. "Identify" (as to a document) means to state the nature or type of the document, its date, its author or source, its recipient(s), its subject matter, and its present location and custodian.

4. "Identify" (as to a communication) means to state the date of the communication, the identity of all participants, the medium or method of communication, and the substance or subject matter of the communication.

5. "Describe" means to provide a detailed narrative explanation sufficient to enable a full understanding of the matter described.

6. "Petitioner" means [________________________________].

7. "Respondent" means [________________________________].

8. "Marriage" or "Marital Period" means the period from the date of the parties' marriage on [__/__/____] through the date of separation on [__/__/____], or such other dates as determined by the Court.

9. "Children" or "Minor Children" means all minor children of the parties, including [________________________________].

10. "Income" means all earnings, wages, salary, commissions, bonuses, tips, overtime pay, dividends, interest, rental income, business income, partnership distributions, trust distributions, retirement benefits, Social Security benefits, disability benefits, unemployment benefits, government benefits, and any other source of money or economic benefit.

11. "Asset" means any property, real or personal, tangible or intangible, owned in whole or in part by a party, including bank accounts, investment accounts, retirement accounts, real property, vehicles, business interests, intellectual property, digital assets, cryptocurrency, and any other item of value.

12. "Debt" or "Liability" means any obligation to pay money, whether fixed or contingent, liquidated or unliquidated, including mortgages, loans, credit card balances, lines of credit, tax obligations, judgments, and any other financial obligation.

13. "Relevant Period" means the period from [__/__/____] through the present, unless otherwise specified in a particular interrogatory.

SECTION 1: PERSONAL INFORMATION

Interrogatory No. 1: State your full legal name, all other names by which you have been known (including maiden name, prior married names, and aliases), your date of birth, your Social Security Number (last four digits only for filing purposes), your current residential address, and the length of time you have resided at that address.

Interrogatory No. 2: State your current mailing address (if different from your residential address), all telephone numbers, and all email addresses currently in use.

Interrogatory No. 3: State your level of education, including the name and location of each school attended, the dates of attendance, the degree or certificate obtained, and any professional licenses or certifications currently held.

Interrogatory No. 4: For each residence in which you have lived during the last five (5) years, state the address, the dates of residency, the names of all persons who resided with you, and whether the residence was owned, rented, or otherwise occupied by you.

SECTION 2: MARRIAGE AND RELATIONSHIP HISTORY

Interrogatory No. 5: State the date and place of your marriage to the other party, the date you began cohabiting (if different from the date of marriage), and the date of separation.

Interrogatory No. 6: State whether you have been previously married and, if so, for each prior marriage state: (a) the name of the former spouse; (b) the date and place of marriage; (c) the date and manner of termination (death, divorce, annulment); and (d) the court and case number of any divorce or annulment proceeding.

Interrogatory No. 7: Describe the circumstances leading to the separation of the parties, including the date on which one party communicated the intent to end the marriage, the date on which the parties ceased living together, and any significant events preceding the separation.

Interrogatory No. 8: State whether any prenuptial agreement or postnuptial agreement exists between the parties. If so, identify the date of the agreement, the parties' attorneys who were involved in its negotiation and execution, and describe its principal terms.

SECTION 3: CHILDREN

Interrogatory No. 9: Identify each child born to, adopted by, or otherwise legally recognized as a child of the parties, stating the child's full name, date of birth, current age, Social Security Number (last four digits only), and current residential address.

Interrogatory No. 10: For each child identified in your response to Interrogatory No. 9, state the child's current school or daycare provider, grade level, and the name and contact information for each school or daycare provider.

Interrogatory No. 11: For each child, state each address at which the child has resided during the last five (5) years, the dates of residency at each address, and the names of all persons who resided in each household with the child.

Interrogatory No. 12: Describe the current custody and parenting time arrangement, including: (a) which parent has primary physical custody; (b) the regular weekly parenting time schedule; (c) the holiday and vacation schedule; and (d) any temporary court orders governing custody or parenting time.

Interrogatory No. 13: Identify any person (other than the parties) who has provided regular care for the children during the last twelve (12) months, including nannies, babysitters, au pairs, grandparents, and other relatives, stating the person's name, relationship to the family, the nature and frequency of care provided, and the amount of compensation paid.

Interrogatory No. 14: State whether either parent has been investigated by child protective services (or the equivalent agency in your state) at any time. If so, provide the date(s), the nature of the investigation, the investigating agency, and the outcome or disposition.

Interrogatory No. 15: State whether any child has any special needs, learning disabilities, physical disabilities, chronic health conditions, or mental health diagnoses. If so, describe the condition, the treating provider(s), the current treatment plan, and the estimated cost of treatment.

Interrogatory No. 16: State whether any child is currently receiving therapy, counseling, or mental health treatment. If so, identify the provider, the frequency of sessions, the cost, and the reason for treatment.

Interrogatory No. 17: Identify all extracurricular activities, sports, lessons, clubs, or enrichment programs in which each child currently participates, stating the name of the activity, the provider or organization, the schedule, and the cost.

SECTION 4: INCOME AND EMPLOYMENT

Interrogatory No. 18: State your current employment status and, if employed, identify your employer's name, address, telephone number, your job title and position, the date you commenced employment, and your current rate of compensation (hourly, salary, or other).

Interrogatory No. 19: State your current gross monthly income from all sources, itemizing each source and the monthly amount, including but not limited to: wages/salary, overtime, bonuses, commissions, tips, self-employment income, rental income, investment income, dividends, interest, trust distributions, retirement benefits, Social Security benefits, disability benefits, unemployment benefits, and any other source of income.

Interrogatory No. 20: State your gross annual income for each of the last five (5) calendar years, specifying the year and the total amount for each year.

Interrogatory No. 21: If you are self-employed or own a business, state: (a) the name and nature of the business; (b) the form of organization (sole proprietorship, partnership, LLC, corporation); (c) your ownership percentage; (d) the business's gross revenue and net income for each of the last three (3) fiscal years; (e) the compensation, distributions, or draws you received from the business for each of the last three (3) years; and (f) the names and roles of all other owners or partners.

Interrogatory No. 22: State whether you have any employment benefits, including health insurance, dental insurance, vision insurance, life insurance, disability insurance, retirement plan contributions (employer match), stock options, equity grants, tuition reimbursement, company vehicle, housing allowance, or any other fringe benefit. For each benefit, describe the benefit and its value.

Interrogatory No. 23: If you have changed jobs, been terminated, or voluntarily left employment during the last three (3) years, state the date of each change, the reason for the change, and the name and address of each employer.

Interrogatory No. 24: State whether you are capable of working more hours or earning additional income. If you contend that you are not, explain in detail the reasons why, including any physical, mental, or other limitations.

Interrogatory No. 25: State whether you have applied for any jobs during the last twelve (12) months. If so, identify each employer to which you applied, the position sought, the date of application, and the outcome.

SECTION 5: MONTHLY EXPENSES AND STANDARD OF LIVING

Interrogatory No. 26: State your current total monthly living expenses, itemizing each category and the monthly amount, including but not limited to: housing (rent or mortgage, property taxes, homeowners insurance, HOA fees, maintenance), utilities (electricity, gas, water, sewer, trash, internet, cable/streaming, telephone), food (groceries and dining out), clothing, transportation (car payment, insurance, fuel, maintenance, parking, public transit), medical/dental/vision (premiums, copays, prescriptions), childcare and education, entertainment and recreation, personal care, and any other regular monthly expenses.

Interrogatory No. 27: Describe the standard of living enjoyed by the family during the marriage, including the type of housing, frequency of vacations and travel, types of vehicles, dining habits, entertainment activities, club memberships, and any other relevant indicators of lifestyle.

SECTION 6: ASSETS AND PROPERTY

Interrogatory No. 28: Identify all real property owned by you individually, jointly with the other party, or jointly with any third party, stating the address, the date of acquisition, the purchase price, the current estimated fair market value, the outstanding mortgage balance, and whether you contend the property is marital/community property or separate property.

Interrogatory No. 29: Identify all bank accounts (checking, savings, money market, certificate of deposit) owned individually or jointly, stating the name of the financial institution, the type of account, the account number (last four digits), and the current approximate balance.

Interrogatory No. 30: Identify all investment and brokerage accounts owned individually or jointly, stating the name of the financial institution, the type of account, the account number (last four digits), and the current approximate value.

Interrogatory No. 31: Identify all retirement accounts (401(k), 403(b), IRA, Roth IRA, pension, profit-sharing, deferred compensation, annuity) owned by you, stating the name of the financial institution or plan administrator, the type of account, the account number (last four digits), the current approximate value, and the date the account was opened.

Interrogatory No. 32: Identify all vehicles (automobiles, trucks, motorcycles, recreational vehicles, boats, aircraft) owned or leased by you, stating the year, make, model, VIN (last six digits), the current estimated fair market value, and any outstanding loan or lease balance.

Interrogatory No. 33: Identify all business interests owned by you, including sole proprietorships, partnerships, LLCs, corporations, and any other business entities, stating the name of the business, the nature of the business, your ownership percentage, the estimated value of your interest, and whether you contend the interest is marital/community property or separate property.

Interrogatory No. 34: Identify any intellectual property owned by you, including patents, trademarks, copyrights, trade secrets, and royalty rights, stating the nature of the intellectual property, its current estimated value, and whether it was created or acquired during the marriage.

Interrogatory No. 35: Identify all cryptocurrency, digital assets, non-fungible tokens (NFTs), or other blockchain-based holdings owned by you, stating the type of asset, the platform or wallet where held, and the approximate current value.

Interrogatory No. 36: Identify all life insurance policies (term and whole/universal/variable) owned by you or in which you are the insured, stating the insurance company, the policy number, the face value, the cash surrender value (if any), the named beneficiary, and the monthly or annual premium.

Interrogatory No. 37: Identify any safe deposit box rented by you, stating the financial institution, the box number, and a general description of the contents.

Interrogatory No. 38: Identify any asset that you have transferred, sold, gifted, encumbered, or otherwise disposed of since the date of separation, stating the nature of the asset, the date of transfer or disposition, the recipient or purchaser, the consideration received, and the reason for the transfer.

SECTION 7: DEBTS AND LIABILITIES

Interrogatory No. 39: Identify all debts and liabilities currently owed by you, whether individually or jointly, stating the creditor's name, the type of debt, the account number (last four digits), the original amount borrowed, the current outstanding balance, the monthly payment, and whether you contend the debt is a marital/community debt or a separate debt.

Interrogatory No. 40: State whether you have incurred any new debts since the date of separation. If so, identify each new debt, stating the creditor, the date incurred, the amount, the purpose, and the current balance.

Interrogatory No. 41: State whether any judgments, liens, garnishments, or tax liabilities are currently outstanding against you. If so, identify the creditor or taxing authority, the amount, the date, and the court or agency involved.

SECTION 8: HEALTH AND INSURANCE

Interrogatory No. 42: State whether you or any child of the parties has any physical or mental health condition that is relevant to custody, parenting time, support, or property division. If so, identify the condition, the diagnosing and treating providers, the current treatment plan, and the cost of treatment.

Interrogatory No. 43: Identify all health insurance, dental insurance, and vision insurance policies currently covering you, the other party, or the minor children, stating the insurance company, the policy number, the type of coverage, the monthly premium, the deductible, and the person(s) covered under each policy.

Interrogatory No. 44: State whether you have been hospitalized, treated in an emergency room, or received inpatient or outpatient treatment for substance abuse, mental health, or addiction issues during the last five (5) years. If so, describe the treatment, the facility, the dates, and the outcome.

SECTION 9: DOMESTIC VIOLENCE AND CRIMINAL HISTORY

Interrogatory No. 45: State whether you have ever been arrested for, charged with, or convicted of any criminal offense, including misdemeanors and felonies. If so, for each offense state the date, the jurisdiction, the nature of the charge or offense, the disposition, and any sentence or conditions imposed.

Interrogatory No. 46: State whether any restraining order, protective order, or order of protection has ever been issued against you or by you against any person. If so, state the date, the court, the case number, the protected party, and the terms and duration of the order.

Interrogatory No. 47: State whether any allegations of domestic violence, child abuse, child neglect, or elder abuse have ever been made against you or by you against any person. If so, describe the allegations, the date, the investigating agency, and the outcome.

SECTION 10: OTHER FAMILY LAW PROCEEDINGS

Interrogatory No. 48: State whether any other custody, visitation, child support, spousal support, or family law proceeding involving you or the minor children is currently pending or has previously been adjudicated in any court in any state or country. If so, state the court, the case number, the parties, the nature of the proceeding, and the current status or disposition.

Interrogatory No. 49: State whether you have complied with all requirements of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applicable to this proceeding.

SECTION 11: PROPOSED CUSTODY AND SUPPORT ARRANGEMENTS

Interrogatory No. 50: Describe in detail your proposed custody arrangement, including: (a) whether you seek sole or joint legal custody; (b) whether you seek sole or joint physical custody; (c) your proposed regular weekly parenting time schedule; (d) your proposed holiday and vacation schedule; and (e) your proposed arrangements for decision-making on major issues including education, healthcare, religion, and extracurricular activities.

Interrogatory No. 51: If you seek primary physical custody, state in detail the reasons why you believe primary custody with you is in the best interests of the children.

Interrogatory No. 52: State whether you intend to seek child support and, if so, state the amount you believe is appropriate and the basis for that amount, including reference to applicable child support guidelines.

Interrogatory No. 53: State whether you intend to seek spousal support/alimony and, if so, state the amount and duration you believe is appropriate and the basis for that claim.

Interrogatory No. 54: State whether you intend to relocate your residence within the next twelve (12) months. If so, state the proposed new location, the reason for the relocation, and the date of the proposed move.

SECTION 12: WITNESSES AND EXPERTS

Interrogatory No. 55: Identify each person who has knowledge of facts relevant to any issue in this case, stating the person's name, address, telephone number, and a brief description of the subject matter of their knowledge.

Interrogatory No. 56: Identify each expert witness you have retained or expect to retain in connection with this case, stating the expert's name, address, qualifications, the subject matter of the expected testimony, the opinions to be expressed, and the basis for those opinions.

VERIFICATION

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], the undersigned, declare under penalty of perjury
under the laws of the State of [________________________________] that I have read the
foregoing answers to interrogatories, that I know the contents thereof, and that the answers
are true and correct of my own knowledge, except as to those matters stated on information
and belief, and as to those matters, I believe them to be true.

Executed on: [__/__/____]

At: [________________________________] (City, State)

______________________________
[________________________________]
Responding Party

______________________________
[________________________________]
Attorney for Responding Party (if applicable)
Bar No.: [________________________________]

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing
FORM INTERROGATORIES - FAMILY LAW, SET NO. [____], on the following party/counsel
of record by the method indicated below:

☐ Personal Service
☐ United States Mail, First Class, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Overnight Delivery Service
☐ Electronic Service via [________________________________]
☐ Facsimile to [________________________________]
☐ Email to [________________________________]
☐ Court Electronic Filing System (e-filing)

Served upon:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
(Name, Address, Telephone, Email of Opposing Party or Counsel)

______________________________
[________________________________]
Signature

______________________________
Date: [__/__/____]

PRACTICE NOTES AND GUIDANCE

Purpose of Interrogatories in Family Law

Interrogatories are one of the most versatile discovery tools in family law proceedings. They compel the opposing party to provide sworn, written answers to specific questions about their finances, living arrangements, employment, health, custody preferences, and other matters relevant to the case. Unlike depositions, interrogatories allow the responding party time to gather information, review records, and consult with counsel before answering.

Form Interrogatories vs. Special Interrogatories

Many jurisdictions distinguish between "form" or "pattern" interrogatories (standardized questions approved by the court or bar) and "special" or "specially prepared" interrogatories (custom questions drafted by counsel):

• California: Judicial Council Form Interrogatories - Family Law (FL-145) contain standardized questions covering personal history, income, expenses, assets, debts, children, and other topics. These do not count toward the 35-interrogatory limit for special interrogatories.

• Florida: Florida Family Law Rule 12.340 incorporates standard interrogatories for original and enforcement proceedings.

• Texas: Texas does not have official form interrogatories for family law but allows pattern interrogatories developed by bar associations.

• New York: New York does not have standardized form interrogatories for matrimonial actions but allows interrogatories under CPLR Section 3130.

Numerical Limits and Subparts

Be mindful of numerical limits on interrogatories. Courts may count discrete subparts as separate interrogatories:

• FRCP 33: 25 interrogatories including all discrete subparts.
• California: 35 special interrogatories; unlimited form interrogatories (FL-145).
• Texas: 25 interrogatories (TRCP Rule 190.2 for Level 2 cases).
• Florida: 30 interrogatories including subparts.

If you need to exceed the limit, many jurisdictions allow additional interrogatories with leave of court or a declaration showing good cause.

Contention Interrogatories

Under FRCP 33(a)(2), an interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact. Contention interrogatories can be valuable in family law to understand the opposing party's legal theories and factual basis for their claims regarding custody, property characterization, and support.

Business Records Option

Under FRCP 33(d) and analogous state rules, if the answer to an interrogatory may be derived from business records, the responding party may specify the records and provide access. This is commonly used when interrogatories ask about income, assets, or expenses that are documented in financial records.

Tips for Effective Interrogatories in Family Law

1. Start Broad, Then Narrow. Begin with background questions and progressively narrow to specific issues in dispute.
2. Use Clear, Unambiguous Language. Avoid compound questions that give the responding party room to evade a full answer.
3. Cross-Reference with Other Discovery. Use interrogatory answers to identify documents to request in your Requests for Production.
4. Focus on Income and Assets. Financial transparency is critical in family law. Ask detailed questions about all sources of income and all categories of assets.
5. Address Custody Factors. Craft interrogatories that address the specific best interest factors used in your jurisdiction.
6. Preserve for Trial. Interrogatory answers are sworn testimony that can be used at trial to impeach the answering party.

SOURCES AND REFERENCES

• Federal Rule of Civil Procedure 33: https://www.law.cornell.edu/rules/frcp/rule_33
• Federal Rule of Civil Procedure 26: https://www.law.cornell.edu/rules/frcp/rule_26
• California Code of Civil Procedure Section 2030.010 et seq.: https://leginfo.legislature.ca.gov
• California Judicial Council Form FL-145 (Form Interrogatories - Family Law): https://www.courts.ca.gov/documents/fl145.pdf
• New York CPLR Sections 3130-3133: https://www.nysenate.gov/legislation/laws/CVP
• Texas Rule of Civil Procedure 197: https://www.txcourts.gov/rules-forms/rules-standards
• Florida Rule of Civil Procedure 1.340: https://www.floridabar.org
• Florida Family Law Rule of Procedure 12.340: https://www.floridabar.org