Michigan Family Law Discovery Process
In Michigan family law cases, fact gathering is known as the discovery process. There are numerous methods in Michigan for either party to obtain information and facts about the case from the opposing party of third parties. There are two different ways to obtain discovery; the formal process and the informal process. The discovery process in Michigan should be aimed at gathering as much information as needed to either settle the case or proceed to trial.
The Michigan domestic relations discovery process can be used to obtain information relevant to spousal support, including incomes, work history, value of closely held businesses and education background. The process can also be used to gather more information that can be useful in child custody and parenting time, and how child support is to be calculated in Michigan. Discovery methods are also useful in identifying the nature and value of real and personal property, and making determinations and persuasive arguments in relation to the status of separate property or marital property. Knowledge about retirement and investment accounts in Michigan family law cases may not always be equally shared during the marriage, and the discovery process during a Michigan divorce is an opportunity to get a full accounting of the available assets. Your Michigan family lawyer has many different ways to gather the necessary information for your case.
What are the different types of family law discovery in Michigan?
Each client has a plethora of valuable information to share with their Michigan divorce or custody lawyer. A client may not have the full accounting of certain accounts or every piece of information about their spouse’s employment, but it’s an excellent starting point for the attorney to conduct additional discovery requests. The internet has become an excellent source for gathering more information about opposing spouses, determining property values, and identifying wages and incomes in certain industries.
In some Michigan divorce or custody cases, the parties are willing to freely exchange necessary information, and take away from the time consuming formal discovery process.
If the parties need to use formal discovery methods, your Michigan family lawyer may use physical and mental health examinations, requests for certain admissions of fact, deposition by written examination, serving subpoenas on the opposing party and third parties, requests to produce documents and records and interrogatories.
Each of these methods can be quite effective when trying to obtain certain information about the parties. The opposing attorney will have the same opportunity to use these methods to gather information for their side, so sometimes parties conclude that working in a cooperative manner is the easier route for both parties.