Discovery and Michigan divorce: Almost every Michigan divorce case settles. However, not every settlement is fair. The best way to insure a good settlement is proper preparation and discovery is the formal process by which lawyers prepare a case for trial or settlement.
Discovery is used to “discover” evidence that is relevant to your case. Lawyers ask questions related to the income, assets and liabilities of the parties. In custody cases, questions are asked about the children, parenting time and so on.
A Michigan divorce lawyer has several tools at his/her disposal to conduct discovery. These include:
Interrogatories – Which are written questions under oath;
- Request for Production of documents;
- Request for Admissions;
- Subpoena – Which is a court order for documents or testimony; and
- Depositions – Where testimony is taken under oath.
In a Michigan divorce, discovery is conducted under the penalty of perjury. In simple terms, if you lie under oath, it is a felony punishable by up to 15 years in prison.
It is foolish to settle a Michigan divorce case without conducting Discovery, even if it is informal. The representations made in discovery are a basis for judging a fair outcome in your case. Discovery is an important tool in your lawyers toolbox to help you achieve your goals.
We are here to help you navigate this journey by focusing on your goals. If you have any questions concerning any aspect of the law, let me know. My direct line is 248-399-3300 or toll free: 877-968-7347.
Let our exceptional legal team help you . . .,
Let it be our privilege to help.
By: Daniel Findling
The Divorce Guy, Michigan Divorce Attorneys and Specialists