What Are Subpoenas and How Are They Used In A Divorce?

A subpoena is a court order that is used in a variety of ways as a means of providing the proof required to make a legal decision.

In a divorce case, family divorce lawyers may file a subpoena for a number of reasons if more proof or evidence is necessary for them to present their client’s case to the court.

These court orders, when filed by family divorce attorneys, can be instrumental in contested divorce cases when spouses cannot agree enough to work together on the outcome of their divorce.

What Is A Subpoena?

A subpoena issued by a family divorce lawyer is a legal court order demanding that specific evidence be presented so it can be used in a divorce case.

It is an official document that is filed through the court system.

Those who receive a subpoena from a family divorce attorney and do not comply by providing requested evidence or appearing to testify as instructed could be subjected to legal penalties.

How Are Subpoenas Pertaining To Divorces Served?

When a family divorce lawyer files a subpoena through the court, the court order can be served by email, by mail, or hand-delivered by a court courier to the party being addressed.

In most cases, they are hand-delivered to the person from whom the requested information is sought.

How Are Subpoenas Used In A Divorce Case?

There are two types of subpoenas that may be issued during a divorce proceeding.

A subpoena duces tecum is a request for documented evidence like financial, phone, tax, or medical records, emails, computer files, and other required documentation.
A subpoena ad testificandum is an order for someone to appear in court to testify.

In both instances, family divorce attorneys use this legal method to access information that is critical to their client’s side of the divorce argument during the discovery phase of the case.

Subpoenas are commonly issued when the divorce is contested and the other spouse is withholding documentation that can be used as evidence or other times when they are refusing to cooperate with an attorney’s attempt to build a legal case for their client.

Subpoenas are used to help in various ways during a divorce case.

They can provide proof of the ownership of assets that must be dispersed as part of the divorce, provide essential evidence of specific actions taken by spouses during the marriage, and facilitate interrogation or deposition during the case.

All of these are essential for a fair and legal resolution during a contested divorce.

Connect With An Experienced Family Divorce Lawyer

While no divorce is pleasant or easy, contested divorces can be especially difficult.

Those dealing with a contested divorce must hire an experienced family divorce lawyer who understands what evidence is critical to the proceedings and will file the necessary subpoenas to gain access to it.

Whether there are documents sought or a witness's presence is needed in court, a confident family divorce attorney will use the power of the court to present the best case for their client by collecting essential evidence with subpoenas if necessary.