Minnesota Divorce, Family Law, and the Discovery Process

women, gavel and scalesSpouses in a Minnesota divorce proceeding have a duty and obligation to disclose all financial information to one another.  Both parties in a divorce may make use of a process called discovery.

Minnesota law allows divorcing spouses to ask written questions of one another called interrogatories.  The questions are usually grouped and relate to issues in the case such as child custody, expenses, assets, or  liabilities to name a few.   The questions must be answered by the spouse receiving the interrogatories.   The answering spouse must attest to his or her answers by signing responses in the presence of a notary.

Minnesota law also allows divorcing spouses to ask for copies of any documents that the requesting spouse thinks are necessary to his or her case.  Asking for documents is called a  “request for production of documents.”   The documents requested relate to expenses, assets, liabilities, and any other matters at  issue in a Minnesota divorce.    The receiving spouse must use due diligent to find the documents and provide true and correct copies to the asking spouse.  The response to the asking spouse must be signed by the spouse providing the documents.

There are time requirements in the discovery process that impose deadlines on the spouse receiving the discovery requests.   There are specific rules related to the discovery process. The actual responses to questions and the documents produced must be organized in a formal  and particular manner.

The discovery process in Minnesota divorces may also include depositions or requests to a Minnesota divorcing spouse for admissions of  facts.

Discovery is labor intensive and expensive.   Many divorcing spouses elect to exchange information with one another on an informal basis and then follow-up with a signed financial affidavit.  The financial affidavit states that the signing spouse has disclosed all assets and liabilities among other assurances.

Link to Minnesota Rules of Court for Civil Procedure Rule 26 – Discovery: https://www.revisor.mn.gov/court_rules/rule.php?type=cp&id=26

Kate Willmore

Saint Cloud, Minnesota, Family Lawyer & Mediator

(320) 217-6030  or e-mail:   kaw@katewillmorelaw.com

http://www.katewillmorelaw.com    http://www.mediationminnesota.com

Copyright 2014




About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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