Request for Production of Documents in Divorce
Throughout a divorce proceeding, there may be a Request for Production of Documents. While this phrase may seem intimidating, this request is typical during a divorce proceeding and it is used to formally obtain documentation related to the details of the divorce. The request is generally utilized by either spouse to prepare potential settlement of any contested divorce issues, such as the division of assets, alimony, child support or child custody. The particular state laws where the divorce is pending will apply to any particular requirements of the Request for Production of Documents and any deadlines for submission of the information. Therefore, it is necessary to check the individual requirements of your state to determine what is required in the request.
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Witnesses
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One reason a Request for Production of Documents is used in a divorce proceeding is to obtain expert witness information. For instance, divorce attorneys usually engage the services of experts to obtain a valuation of the assets of a marriage. The opposing side will likely request any reports of the expert witness regarding the valuation. In addition, a divorce attorney will attempt to obtain any affidavits or written statements by witnesses to any behavior central to the divorce. For example, if one party is claiming that the other spouse was abusive and there is a witness statement in the possession of the other spouse, the divorce attorney will attempt to get this statement.
Documentary Evidence
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Another reason a Request for Production of Documents in a divorce may be utilized is to obtain documentary evidence. This evidence consists of photographs, videos, emails, audio recordings and any other type of recording. The divorce attorney will review the documents and determine whether there is any value to the evidence. For instance, a divorce attorney would be interested in validating whether a photograph actually contains images of his client or whether the photo was doctored.
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Bank Records
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Another central reason for a Request for Production of Documents in divorce is to obtain bank records and any other financial information. For instance, a divorce attorney may be interested in learning the extent of the opposing party's financial background. The purpose of obtaining this information is to gain awareness of any potential assets available to pay alimony.
Bills and Invoices
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Another frequent request in divorce proceeding is to obtain any bills and invoice information. A request would likely ask for such information dating for the entire length of the marriage, with a more significant emphasis placed upon the most recent years. This information may be necessary to establish the marital debts and any debts incurred by one spouse. Furthermore, the information may reveal a spending habit and suspicious purchases.
Medical Records
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Another reason a request may be made in a divorce action is for medical records of the opposing spouse. This information may be sought to establish any suspicious medical history, such as a sexually transmitted disease, or for obtaining any information as to the opposing spouse's mental history. In addition, the information may be sought to verify whether insurance benefits were paid on the opposing spouse's account.
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