Discovery in Divorce Proceedings

While the privacy in one’s home and the sanctity of one’s family and personal life are some of the most valued tenements in American society, these rights and privileges essentially fly out the window in the midst of the divorce process. What does this mean and how might this affect you should you have concerns about pending or upcoming divorce proceedings?

When one party to a marriage files for divorce, the clock starts ticking on what’s called the discovery period. In laymen’s terms, discovery is the method by which the parties to a divorce, through themselves or their attorneys, exchange information about each other vital to complete divorce proceedings. Such information is necessary to complete two of the most important goals ultimately the focus of every divorce: the division of property, and child custody (only of course if there are minor children between the parties).

Completing the discovery process can be accomplished in several ways, which fall under two categories—formal and informal. Formal discovery is more thorough, but ultimately much more expensive and time-consuming, and includes exchanging sets of documents called Interrogatories, which are extensive sets of questions the parties, by and through their attorneys, are entitled to ask about each other. Informal discovery is a more casual process, which typically requires some level of trust between the spouses, and involves more conversations and open exchange of information, should both parties be agreeable to such a type of exchange.

Regardless of what methods of discovery are utilized, what’s important to bear in mind is that parties to a divorce may be required to disclose information about themselves they may not be comfortable with, including any matters related to finances, careers, criminal history, mental illness, physical fitness, education, and so forth. However, under Michigan divorce law, every spouse is entitled to know almost anything they desire about the other spouse that’s relevant to property division or child custody proceedings, which, at the end of the day, can amount to quite a lot of information. This is why having the representation of a diligent family law attorney you trust and believe in is so important during any divorce process!

In any event, navigating your way through the difficult arena of the family court system can be challenging and complex! If you need advice from an experienced family law attorney regarding your potential divorce or discovery issues, the Law Offices of Joumana Kayrouz can help. Please give us a call today and schedule your free consultation at 248-557-3645.