Discovery and Interrogatories in Michigan Divorce
When a couple files for divorce, they automatically become a plaintiff and a defendant. They are on opposing sides of an issue and the goal is to come to an amicable agreement as to how to settle the end of their marriage. Discovery and interrogatories are important elements in Michigan divorce because they shed light on financial and personal information that may not otherwise be revealed.
The Importance of Discovery in a Divorce
Discovery is an integral part of the legal process that is used to gather facts for a trial or a settlement, divorce-related or otherwise. While this effort can feel tedious for the parties involved, it is important, particularly when sizable financial assets exist or there is a dispute about child custody.
The process for discovery is straightforward and is intended to confirm known details and reveal new information, particularly hidden assets. For divorce to be fair, all assets and debts must be accounted for and divvied up between the two parties. Unfortunately, in many marriages, there is hidden financial information that blindsides one of the parties and can radically alter their financial future, positively or negatively. It is also common for people to move money around immediately after being served divorce papers so they can avoid losing those assets to their ex.
To negotiate a fair resolution and divorce settlement or prepare for trial, discovery is conducted to get the most accurate picture of two peoples’ finances – both assets and liabilities – as a couple and individually. You will be expected to provide as much information and leads as possible. Your divorce lawyer will also contact people and entities for account information or other relevant data to form a complete financial picture and may use tools of formal discovery that include depositions, subpoenas, requests to produce, and request for admission.
Unknown or hidden factors that may be uncovered include:
- Bank accounts
- Retirement accounts
- Assets in another person’s name
- International investments or accounts
- Joint credit cards
- Savings accounts
- Investment accounts
Understanding Interrogatories
Your Michigan divorce lawyer will employ many different techniques during discovery to learn more about the specifics of your and your ex’s financial situation. Interrogatories are one of the most likely courses of action.
Interrogatories are written questions that your spouse must answer in writing and under oath within a given time frame. Being untruthful on any of these responses brings along with it a charge of perjury. Refusing to answer anything gives your lawyer the opportunity to ask the court for a motion to compel, a legal measure that, if ignored, can lead to your ex being in contempt of court.
The information your attorney – and your ex’s divorce lawyer – will be seeking from you and your soon-to-be former spouse will include:
- Income tax returns
- Pay stubs
- Spouse’s income
- Savings accounts
- Checking accounts
- Retirement accounts
- Real estate holdings
- Valuable collections
The details requested will be specific, and you will be expected to provide account numbers, bank names, purchase dates and prices, balances, current values, and more. You are still entitled to your privacy, but your financial situation will be laid bare – a simple fact of a divorce.
Learn more about Discovery and Interrogatories in Michigan Divorce
Without discovery, it is difficult to prepare for trial or fairly negotiate a divorce. Work with an experienced Michigan divorce lawyer who is thorough and knowledgeable and works on your behalf to secure a satisfactory divorce settlement. Schedule your free consultation with Michigan Divorce Help in Macomb County.