In any divorce or family law matter, a party must have all the information needed to make an informed decision. This will help determine whether to try or settle the case. In a divorce, in particular, parties need information on all kinds of topics.
In a divorce, a party must have all documentation to show the value of all marital property and debt. This documentation involves having recent account statements from a litany of sources including bank accounts, retirement accounts, mortgage, car notes, credit cards, and all other property and debt acquired during the marriage. Without this information, it can be challenging for a party to decide whether to settle or try their divorce matter.
Tax returns are vitally important, including all the attachments. Without tax returns, it is almost impossible to calculate child or spousal support. Even titles are critically important in terms of resolving a divorce. During a trial or in settlement paperwork, the vehicle identification number may be needed. Otherwise, it becomes almost impossible to change titles to reflect the terms of the divorce decree.
Is it necessary to send requests for production to get this information?
To obtain this information, many wonder whether discovery can be completed informally. Sometimes, lawyers must issue subpoenas to get this information from third-party sources.
Discovery can be exchanged informally. Parties and attorneys can work together to exchange the needed information to settle or try a divorce or family law matter. In some cases, informal discovery in family law can be fairly easy. It can help many parties save money in attorneys’ fees. It can also save the parties the time and hassle.
In many cases, informal discovery is not possible. The litigation can become too angry or bitter. Sometimes, the stakes are too high or the positions of the parties can become too adverse. Attorneys on the case might not get along well enough to do discovery informally.
In these cases, parties often have to issue requests for production, interrogatories, or subpoenas to get the information they need. Otherwise, a party will not have the information to decide whether to settle their divorce or family law matter. Further, if the case goes to trial, many can become hamstrung in terms of having the information to present their case.
Ultimately, if discovery can be done informally, this can be positive for a case. It saves time and lawyers’ fees. When informal discovery cannot be done, it is imperative for a party to issue the necessary discovery. This ensures that they can prepare their case adequately for settlement or trial.
Requests for production are formal requests for documents that are evidence from the other party. In cases when third-parties have the necessary information, subpoenas are used to compel third parties to produce the documents as evidence.
But when the parties have to conduct formal discovery, the cost in the case can increase. At the same time, if the information cannot be obtained formally, there is often no other choice.
If you are going through a divorce or family law matter where you have to decide whether to issue discovery or utilize informal discovery, Stange Law Firm, PC can help. You can contact us at 855-805-0595.