Discovery is the formal legal process used to obtain information from the opposing party. In divorce cases, this typically includes financial records such as bank statements, tax returns, retirement accounts, debts, business records, and income documentation.
Attorneys use structured tools, such as interrogatories, requests for production, subpoenas, and depositions, to force full financial disclosure. The purpose is to ensure both sides are working with the same information when negotiating or litigating issues like property division, support, child custody, and credibility.
Why Discovery Is Important
Discovery is what prevents one party from controlling the narrative. In many divorces, especially where one spouse handled the primary finances, there is an inherent imbalance of information. Discovery eliminates that imbalance by legally requiring transparency. It also allows attorneys to verify claims being made by the opposing party rather than simply accepting them at face value.
Without discovery, settlements are often based on incomplete or inaccurate information, which can lead to unfair outcomes.
Why Discovery Becomes Costly
The cost of discovery is driven by both the volume of information and the level of cooperation between parties. Reviewing financial documents, identifying inconsistencies, and preparing follow-up requests requires substantial attorney time. Costs increase significantly in cases involving businesses, multiple accounts, or complex income structures.
The biggest driver of expense, however, is non-compliance. When a party delays, withholds documents, or provides incomplete responses, attorneys must spend additional time chasing down information. This often involves repeated correspondence, detailed review of deficient responses, and ultimately court intervention, all of which increase legal fees.
The Process of Filing a Motion to Compel
When one party fails to respond properly to discovery requests, the next step is enforcement. Attorneys typically begin with a deficiency notice outlining what is missing. If the issue is not resolved, they file a motion to compel with the court.
This motion asks the judge to order the non-compliant party to provide the requested information. To succeed, the attorney must show that the discovery requests were properly served, that the information is relevant, and that the opposing party has failed to comply without valid justification. Once filed, the court may schedule a hearing and issue an order requiring compliance.
Court Deadlines and Extensions
Courts often impose strict deadlines for completing discovery to keep the case moving forward. These deadlines are intended to prevent delay tactics and ensure timely resolution.
However, courts also recognize that not all parties act in good faith. If one side is clearly not complying, attempting to hide information, or producing documents in a misleading way, judges have discretion to extend deadlines. Extensions are commonly granted when additional time is needed to obtain complete and accurate information due to the other party’s conduct.
Investigating Claims and Uncovering Hidden Assets
Discovery is not just about collecting documents; it is about analyzing them. Attorneys use discovery to test the accuracy of the opposing party’s claims and to identify inconsistencies.
This process can reveal hidden assets, underreported income, or undisclosed accounts. For example, comparing tax returns to bank deposits or reviewing business expenses can expose discrepancies that warrant further investigation. In more complex cases, forensic accountants may be brought in to trace funds or evaluate financial representations.
Non-compliant Party Could be Held Accountable for Additional Fees
Courts have broad authority to penalize parties who fail to comply with discovery obligations. If a motion to compel is granted, the judge can order the non-compliant party to pay the attorney fees incurred in bringing that motion.
In more serious situations, courts may impose additional sanctions. These can include restricting the non-compliant party’s ability to present evidence, issuing adverse inferences (assuming withheld information is unfavorable), or taking other corrective measures. The legal system is structured to discourage obstruction and reward transparency.
Six Key Aspects of Michigan Divorce Discovery
- Mandatory Initial Disclosures: Under Michigan Court Rule 3.206(C), parties must exchange a Domestic Relations Verified Financial Information Form (Form CC 320) within 28 days after the service of the responsive pleading.
- Interrogatories: Written questions sent to the other party that must be answered under oath. In Michigan domestic relations cases, parties are generally limited to 35 written interrogatories (including subparts).
- Requests for Production of Documents: Formal requests for physical or digital documents, such as tax returns, pay stubs, bank statements, and credit card records.
- Depositions: Live, out-of-court testimony taken under oath before a court reporter.
- Subpoenas: Legal orders to third parties (employers, banks, or financial advisors) directing them to produce records.
- Requests for Admission: Formal requests for the opposing party to admit or deny that certain key facts are true.
Final Thoughts
While it can be expensive, discovery ultimately protects against long-term financial harm. Finalizing a divorce without complete information can result in overlooked or concealed assets that are difficult, and sometimes impossible, to recover later. Proper use of discovery ensures that the outcome of your case is grounded in reality, not assumption.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24/7 English/Spanish line at (248) 951-2450 or reach out to us at Atiya Law.