In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.
You have now obtained temporary orders. What’s next in your divorce case?
DISCOVERY PROCESS
DISCOVERY: WHAT IS IT?
Discovery is part of the pre-trial phase of the case where each party requests documents and information from the other side. This process allows both parties to obtain information necessary to reach a fair and equitable settlement. If a settlement is unsuccessful, the information exchanged will be used at trial.
DOCUMENTS REQUIRED FOR THE DISCOVERY PROCESS
The following is a checklist of documents you should compile for your attorney. This checklist may not contain everything your attorney will need, as the discovery process is tailored to the specific facts of each case. Here is the most basic checklist of documents used in most divorce cases:
- List of all bank accounts. Provide account numbers, current balances, and statements for the last three months for each account. (savings, checking, CD’s, credit unions)
- Copies of titles and registrations for all vehicles, boats. etc.
- Blue book values on all vehicles and boats. Print reports for private party values for each vehicle and/or boat.
- Warrant Deed and statements reflecting mortgage balances owed for all real estate.
- Copy of Appraisal for home (if within last 3 years).
- Copies of life insurance policies.
- Most recent property tax statement and any recent appraisal reports for all real estate.
- Retirement account statements (401k’s, IRA’s, 403B’s, pensions, profit sharing, etc.).
- Statements for investments (stocks, bonds, mutual funds, etc.). Information for inheritance received during the marriage.
- List all credit cards and other debts (mortgages, car loans, home equity lines of credit) indicating whether joint or individual, and balance owed, and provide copies of statements for the last three months for each.
- Documents for all other indebtedness.
- Any financial statements recently prepared (ex: for loan applications).
- Recent pay-stubs for both spouses.
- Recent credit report to ensure that all debt is accounted for in your settlement.
- The last three years’ tax returns with W-2’s and schedules attached.
- Business interests, corporate stock certificates, etc.
- Franchise agreements.
- Employment Contracts.
- Lease agreements.
- Copy of household budget if used.
- Prenuptial or post nuptial agreements.
- If you have children under 18:
- Verification of yearly daycare costs
- Information on, or copy of, current health care cards
- Cost of employer provided health insurance with breakdown for costs for self and cost for self with family
DISCOVERY: WHAT DOES IT CONSIST OF?
INTERROGATORIES:
Interrogatories are written questions produced to your spouse that must be answered truthfully under oath, under penalty of perjury. Interrogatories can be on a wide range subject matters including finance, standard of living, work history, parenting time, education, the identification of witnesses, exhibits and their position concerning custody and visitation of children.
REQUESTS FOR ADMISSION:
A request for admission is when one party requests the other party to admit or deny the accuracy of a specific statement, and this admission or denial is done under oath. If your spouse fails to respond timely to a Request to Admit, all of the facts set forth in the request will be deemed admitted, and can be used as evidence during the course of litigation.
REQUEST FOR PRODUCTION OF DOCUMENTS:
A request for production of documents is a formal request to your spouse to produce specific documents related to your divorce such as pay stubs, statements for bank accounts, credit cards, auto loans, and investment and retirement accounts. Additional examples of items requested can be (1) written reports and documents for expert witnesses, (2) written, recorded, or signed statements of any party (including you and your spouse, investigators, friends, family members or employers), (3) photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information, (4) documents received pursuant to a subpoena request from any party, and (5) financial documents (tax returns, pay stubs, bank statements, retirement account statements), child-related documents, and social media posts.
DEPOSITIONS:
Depositions are sworn testimony from your spouse or witnesses. This testimony can be used in court to refresh your spouse or a witness if they provide testimony that contradicts statements made in their deposition. Depositions take place in an attorney’s office under oath, with a court reporter present recording the testimony. After the deposition is complete, the parties may order a deposition transcript from the court reporter. If distance of a witness is an issue, a video deposition may be taken instead.
WHY IS DISCOVERY IMPORTANT TO YOU?
Discovery allows for transparency between you and your spouse. Discovery can provide you with the peace of mind that you have all of the necessary information required to reach a fair and equitable agreement in your divorce case.
A GENTLER DIVORCE. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie at (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.
To read Part I of this series please click the link : https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/
To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-two/
To read Part II of this series please click the link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-3/
