Divorce discovery - personal email and passwords

Asked 9 months ago - Detroit, MI

I'm currently going through a divorce. Opposing counsel has sent a large discovery questionnaire. One question asks for username and password for home and work computer for all computer programs and internet programs including yahoo, etc. Is the legal? Do I have to give this up just because they asked? What if I do and my response gets lost in the mail and my identity is stolen or there is malicious electronic activity that might result from giving up email passwords? Do I legally have to give up all usernames and passwords? Is there a law that helps block this request? Thanks in advance.

Attorney answers (4)

  1. John F. Brennan

    Contributor Level 19


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You should discuss this with your attorney, or get one if you are not represented. I would object and if necessary seek a protective order. You most certainly have NO right and COULD BE FIRED for providing access to your employer's system. Discovery is broad and the opposition can ask for almost everything, however but neither the Courts nor the Law are stupid.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more
  2. J. Matthew Catchick Jr.


    Contributor Level 16


    Lawyers agree


    Answered . In Michigan, the rules regarding "discovery" (written questions, depositions, etc.) are very broad, however you should be able to at least get a Protective Order as to any disclosures. I would need to know more info before I could give you a definitive answer as to your duty to respond to a particular interrogatory (question) by opposing counsel. You and your lawyer should meet and review in detail all of opposing counsel's discovery requests, to assess the reasonableness of same. I wish you all the best of luck. Warmest regards, Matt Catchick www.catchicklaw.com

  3. Laurel Stuart-Fink


    Contributor Level 15


    Lawyers agree

    Answered . This is one of many questions you may have concerning the law and legal procedure as your case progresses, and points out the need for an attorney to protect your legal rights and interests.

    This comment is designed for general information only, and should not be construed to be formal legal advice nor... more
  4. Daniel Findling


    Contributor Level 12


    Lawyers agree

    Answered . While the rules of discovery are broad, discovery must be relevant. I would discuss the issue not only with your attorney, but also with your employer. I also agree that a protective order may bring some comfort.

    Daniel Findling

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