When Can Attorney Demand Information in a Divorce?
Attorneys can demand information in a divorce when there is reason to believe that a party is hiding important documents or information. This is referred to as discovery and occurs during the pre-trial stage of a divorce case. This process helps attorneys learn more about their client’s circumstances, which can be helpful when making arguments during a trial or deposition.
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The most common way to subpoena information in a divorce is through a document called a “subpoena.” A subpoena requests that a person or entity provide specific information for the purpose of legal proceedings. In some cases, this information can be used as evidence in court, so it’s important to comply with a subpoena when necessary.
A subpoena can request a wide range of information, including financial records, witness statements, photographs, and even personal documents like journal entries and calendars. Generally, subpoenas can only be issued by judges or a court reporter, and if one party fails to produce the information requested by the other, they could face civil and criminal penalties.
There are several things that can be considered when it comes to the timing of a request for information or a subpoena, so it’s best to contact an experienced divorce lawyer as soon as possible to discuss the details of your case.
Filing for Divorce
Before a case is filed, you and your spouse must agree on all aspects of your divorce. This includes issues such as custody, child support, and property division. If you and your spouse can’t agree, the court will help you settle through mediation.
Mediation is less expensive and often more successful than a trial, so it’s worth considering if your case is eligible for mediation. If your case is eligible for mediation, the court will often schedule a mediation conference to help you resolve any remaining issues and move forward with your divorce.
The Mediation Conference is also a good time to ask for documents or other information that may be relevant to your case. During the conference, the mediator will typically ask you and your spouse a series of questions that will allow them to get a better picture of your case.
Interrogatories are written questions that one of your attorneys asks you about the circumstances that led up to the divorce, your finances, and other important details of your case. Answers to these questions can be very personal, so it’s important to answer truthfully.
This will allow your attorney to use your answers as proof in your case. Often, your attorney will also write questions specifically for you to answer under oath, such as about your health or pregnancy status.
Once you answer the interrogatories, your attorney can then file a document called an “affidavit” with the court. Your lawyer’s affidavit will detail what you have told them about the situation and why it is important for your case.
A clerical mistake
If there is a clerical error in your divorce decree, you can request that the judge correct it. This may include an error in the amount of child support or another factor that affects a parent’s obligation to pay money to their former spouse.