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What Is a Subpoena and Do I Need One for My Divorce?

What Is a Subpoena and Do I Need One for My Divorce?

It is no secret that a divorce can be a frustratingly complicated process. With each side fighting for what is in their best interest, issues of child support, alimony, and the division of assets are often central points of contention. With so much on the line it is common for spouses to feel that their partner is purposely misrepresenting their situation to achieve a better outcome in the divorce. When your spouse is being uncooperative, a subpoena can be a powerful weapon in uncovering the truth.

At its core, a subpoena is a legal document that requires a party to take some action. The order is legally binding and with few exceptions, the subpoenaed party must comply. This key can unlock many doors and can help to bring to light information such as financial records and witness testimony. Additionally, different types of subpoenas exist depending on the type of action or information which is being requested.

Types of subpoenas that can be used in a divorce can include:

  1. Subpoena for the appearance at a trial: Witness testimony can provide powerful evidence in support of your case. For example, if you have questions about the activities of your spouse while they were at work, you may subpoena a company representative to provide a witness account of events.
  2. Subpoena for a witness to bring and item to court: In some cases, a third party will have personal or professional items which can be used as evidence. For example, a witness can be requested to bring communications such as emails into the courtroom.
  3. Subpoena for the request of business or financial documents: Often, the most heavily disputed items in a divorce relate to finances. Subpoenas can allow the court access to a spouse's financial documents such as bank statements, credit reports, and investments. This action can be tremendously useful for verifying a spouse’s official financial disclosure and discovering if there was an attempt to hide funds.

Questions about Your Divorce? Call (305) 783-3301

Do you suspect that your partner is hiding assets or has reported earning less money than you know to be accurate? If you are currently working through a divorce, subpoenas can be an invaluable tool for ensuring that your case is treated fairly. At Mitchell & West LLC, we can help clients to prepare one or more subpoenas as well as craft an overall legal strategy for their divorce. Our Miami family law attorneys can help you reduce the uncertainty involved in the legal process and fight to see that your interests are not overlooked.

Schedule an initial consultation with our firm and speak with an attorney about your legal options.

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