When a case is filed in Michigan, after service on the other party, there is a period of time entered into called “the discovery period”. Discovery in Michigan is a process by which either party can obtain information from the other party or third party sources, concerning all matters involved in divorce, regarding custody, parenting time, child support, income and all assets and liabilities that is property and debts.
Discovery can take many forms, including Interrogatories, questions to the opposing party, which are answered under oath, in written form, depositions, which are statements made under oath, by questioning by the opposing attorney.
Subpoenaing records from various employment or other sources to review prior to a determination of income or liability, such as credit card statements and/or bank records, and brokerage records.
The theory behind the discovery process, is that each of the parties making a determination relative to any matter concerning a divorce proceeding should have all of the information that is available to any party in order to make an informed decision. Once all of this information is obtained, each of the parties can make an informed decision, so that there can be an equitable division of both property and debts and all matters with regards to any minor children can be divided with full information to both parties.
The parties can of course, make a determination themselves if they do not want to engage in discovery because they have all of the information that they believe they need, however, as a general rule, it is a good idea to make sure that answers to questions regarding matters are made under oath, so that if there is a dispute at some point in the future, that one or both parties did not provide full information, there is at least a record of that information under oath.
Merrill Gordon is an Oakland County attorney with more than 35 years’ experience in divorce and family court proceedings along with all manners of civil actions. He is also a court-appointed mediator in Oakland and Wayne counties and has received an AV peer review rating, the highest available.
He is a graduate of Michigan State University and the Thomas Cooley Law School. He was admitted to State Bar of Michigan and all Michigan State and Federal Courts in 1981, and the United States Sixth Circuit Court of Appeals in 1985. He is also a member of the State Bar of Michigan, Oakland Country Bar Association, American Bar Association and the Mediation Tribunal Association.
For a free initial consultation, contact Merrill Gordon at (248) 626-3000 or via email at mgordon@merrillgordon.com.
