Updated: Oct 6
At the beginning of every divorce case, there is always a discussion of how to split marital property. Marital property is property that was obtained, earned or otherwise appreciated during a marriage (with some exceptions, like inheritances). For those partners that have not combined their assets, it can feel like a wild goose chase to figure out what their spouse owns and what may be a marital asset. Luckily, the Court has prescribed a specific procedure for obtaining this important information.
Financial Form: Discovery begins with Form CC 320 pursuant to MCR 3.206, the Domestic Relations Verified Financial Information Form. This form is due within 28 days after the date of service of Defendant's initial responsive pleading to the Complaint. This document lists out the assets that are in a party's name and must be served upon the other party (not filed with the Court itself, since it contains private information). A Proof of Service must be filed with the Court showing that a party has complied with this requirement. This form can only be waived if BOTH parties agree, in writing, NOT to complete it, which is rarely a good idea.
Interrogatory: If the Domestic Relations Verified Financial Information Form does not provide all of the information a party deems necessary to determine assets in a divorce case, a party may submit interrogatories to the other party through their Attorney. I explain an interrogatory to clients as a type of legal questionnaire that's answered under oath. As of January 2020, an Interrogatory request is limited to thirty-five (35) questions, including subparts, pursuant to MCR 3.201(C) and MCR 3.206(A)(2). This prevents parties from sending over interrogatory requests with hundreds of questions, as was previously possible prior to January 2020.
Subpoena: A subpoena can also be issued by an Officer of the Court (like your Attorney) or a Judge. A subpoena can request specific information from a person or other institution, such as specific bank statements.
Deposition: If none of the above are adequate, a deposition may be held to question a party, under oath and on the record. Depositions can be very expensive, require all parties and their attorney to be present as well as a court reporter. These are usually only necessary in the most complicated of cases.
Attorney Allison Greenlee Korr handles cases in Kalamazoo, Battle Creek and all surrounding counties, call today for a consultation.269-381-4471