Subpoenas and Family Law: What You Need to Know | Allan Brandon Tise PLLC, Attorney at Law

Divorce is an exceptionally difficult time for everyone. The court has to call in a variety of people to help determine how your marriage will end. Some people in your life may not be willing to come to court or provide relevant information on your or your spouse's behalf. In such cases, a subpoena is necessary. The following are some things you need to know about subpoenas.

Subpoenas are legal tools used by courts to require individuals to take a specific action. If you get a subpoena to show up in court, provide documents, and the like, you have to comply under penalty of law.

A subpoena is used by either party to the divorce in a variety of family law matters. You can subpoena individuals in custody, divorce, and alimony issues. A subpoena is served to other parties who have information relevant to any given case. Due to the sensitive nature of family law matters, people can be hesitant to voluntarily provide information on either side of the case. A subpoena will force those involved to appear or provide the desired information.

One way a court uses a subpoena is to compel someone to appear in court or other legal proceedings to provide a testimony under oath. This subpoena is useful in obtaining information that can clear up disputes between two parties or provide neutral insight. The subpoena also helps support a legal argument or even undermine the legal argument on the other side of the case.

The issuance of a subpoena does not always require a person to come to court directly to speak under oath. A subpoena can also compel someone to provide certain documentation to the court. This includes anything from legal documents, financial disclosures, documents pertaining to child custody, and the like. For instance, when a couple divorces agree to share custody of the children, a time percentage is attributed to each parent. If one parent has the children 30 percent of the time and the other 70 percent, the parent with less time will have to pay child support to the other parent. If the parent who receives child support suspects the other did not disclose all of his or her income, an attorney can subpoena the financial statements to determine if the custodial parent should receive more in child support.

Sometimes, a subpoena is used to compel both documentation and an appearance under oath. In this case, the person has to come to the proceeding with the documents. This is often the case when the court needs an explanation or clarification of the information inside the documents. This can happen if one spouse believes the other is not providing accurate information he or she should be privy to during a divorce. Such information includes medical records, financial records, retirement account logins, and the like.

One thing all parties must remember is a subpoena is a legal tool utilized under the authority of the law. If one chooses to ignore a subpoena, he or she can face a charge of contempt. This comes with a punishment of fines, criminal charges, and even jail time. If you have any family law needs and require representation, please contact us at Allan Brandon Tise, PLLC, Attorney at Law . We know any family law issue is a difficult and emotional time for all involved. We will work with you to help make the process as easy as possible for you and your family during this time.