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What is discovery and how can it help during divorce?

On Behalf of | Feb 23, 2016 | Divorce |

Do you really need to question your spouse about your finances? What else could there be to know? Discovery during divorce is an important step that both parties need to know about. In Michigan, both parties in a divorce must disclose their assets to the other. This makes the division of assets easier, since you can see how much there is to divide and how it can be done fairly.

Discovery is important because it’s not always easy to know about all your spouse’s accounts. Retirement accounts, financial investments, business assets and other items may not be something you have easy access to or knowledge about, so it’s vital that your attorney has access to the information needed to get you a fair settlement.

Spousal support in particular is based on your income, so all financial information from the marriage needs to be reported accurately. If it is not, then the amount paid to you may not be fair.

One of the first steps of Discovery is to have your attorney send questions to the opposing party. That person, your spouse, will need to answer and return the questionnaire to your attorney. The answers must be given truthfully, and if they aren’t, there can be penalties later on.

Depositions can also be used. These are meetings where the opposing party is questioned by your attorney while under oath. The court transcriptionist records everything that takes place in this deposition and can provide the information for use as evidence in court. Both attorneys are present during these meetings, which are normally at one of the attorney’s offices.

Source:, “Discovery during divorce: What it means for you,” Gail Saukas, Feb. 19, 2016


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