To reach a fair outcome in any family law case, relevant information is key. The way that each party gains access to that information is through a process called discovery.
In Mid-Michigan, including areas like Lansing, East Lansing, Okemos, Charlotte, and Mason, you should work with your attorney during the discovery process to ensure they have all the necessary information about your family law case to handle your case properly. In this blog, we will give a brief overview of the discovery process so you can understand what your attorney is doing and what they need from you.
What Is Discovery in a Michigan Family Law Case?
The discovery process is the exchange of information in a lawsuit. The discovery process is governed primarily by the Michigan Court Rules, including the civil procedure rules that apply in family law cases. In Michigan family law cases, your attorney will obtain documents, records, and answers from either your spouse or third parties. The purpose is to build a complete picture in order to address key issues like finances, parenting time, or hidden assets.
Common Discovery Tools Used in Mid-Michigan Divorce and Custody Cases
There are a few discovery tools Michigan Family Law attorneys can use to obtain information:
1. Interrogatories
Michigan Court Rules place limits on the number of interrogatories unless the court permits more. Interrogatories are written questions one party sends to the other. These questions are answered under oath. The recipient will write out their answers and sign them in front of a notary public. In divorce cases, interrogatories might ask about employment, assets, or debts. In custody cases, interrogatories might ask about living arrangements, income (for child support), or parenting concerns.
2. Requests for Production of Documents
Michigan rules do not typically impose a strict numerical cap on document requests, but requests must remain relevant, proportional, and not unduly burdensome. These are formal requests made to the other party for documents such as:
- Bank statements
- Tax returns
- Pay stubs
- Retirement account records
- Mortgage statements
3. Requests for Admission
These are statements sent to the opposing party asking them to admit or deny specific facts. These are used to narrow the contested issues in your case.
4. Subpoenas
Subpoenas are sent to third parties requesting that they send documents or appear for a deposition or hearing. Attorneys may subpoena third parties such as banks or employers, and may seek medical records when legally permitted and properly authorized.
5. Depositions
A deposition is a live question-and-answer session, taken under oath and recorded by a court reporter. Depositions are more common in contested divorces or custody trials, where testimony might be used in court.
Do I Need a Family Law Attorney for Discovery?
Most likely. Discovery can be time-consuming and expensive and mistakes can have serious consequences. Moreover, there is often a limited time period imposed by the judge in which you must complete all discovery. An experienced Mid-Michigan family law attorney can work with you to develop a strategic discovery plan, balancing the cost against the potential value of the information in a timely manner.
At The Kronzek Firm, one of our seasoned attorneys can help you by:
- Crafting targeted discovery requests
- Objecting to improper demands from the opposing party
- Sending subpoenas to third parties
- Representing you during depositions
Serving Mid-Michigan Families Through Every Step of the Discovery Process
If you’re involved in a family law case in Lansing, Ingham County, Eaton County, or Clinton County, The Kronzek Firm is here to guide you. Whether you’re filing for divorce, modifying custody, or navigating a high-conflict support case, we can help you understand the discovery process and use it effectively.
📞 Contact our Lansing office today to schedule a consultation by calling (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]