Do I have to anserw current personal info on an interrogatory?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have to anserw current personal info on an interrogatory?

I HAVE BEEN SEPARATED 10 MO. i RECEIVED AN INTERROGATORY ASKING ABOUT MY PERSONAL RELATIONSHIPS, MY ADDRESS (NO MINOR CHILDREN INVOLVED) AND THINGS IN MY PAST=10 YEARS AGO. do i HAVE TO ANSWER THESE

Asked on June 30, 2009 under Family Law, Michigan

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although Michigan has a no-fault divorce law and some of these issues should be irrelevant, for the purpose of property division fault can matter.  Finding out certain information about your past relationships can be relevant to the issue of fault.

A trial court may consider "fault" issues when dividing the marital assets, or when assessing spousal support (alimony). Please note that under most "fault" circumstances, the trial court will not dramatically change the division of assets. With most marital estates, you will need to consider whether a five or ten percent difference in the property division justifies the expense and conflict associated with attempting to prove fault. There is often a better financial return in making sure that all assets are located, properly valued, and included in the marital estate, as opposed to trying to prove fault.

Please note that while the five or ten percent difference is most typical, in extreme cases courts have been known to award larger amounts, and on at least one occasion even the entire marital estate, to the wronged spouse. Your attorney can help you make the assessment of what is likely to happen in your case, and whether you would benefit from trying to make fault an issue.

That said, consult with a local family law attorney before you answer any written or verbal questions from your spouse's attorney.  You can find one on www.attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption