What is Involved in the “Discovery” Portion of an Illinois Divorce?

 Posted on July 18, 2022 in Divorce

If we lived in a perfect world, every divorcing spouse would totally cooperate with the divorce process. They would freely provide the necessary documents, fully disclose their income and assets, and treat their soon-to-be-ex with respect and civility. Of course, we do not live in a perfect world. In reality, most divorce cases involve at least some degree of contention. In some cases, divorcing spouses refuse to cooperate or compromise, withhold important information, or hide assets.

Divorce discovery is the fact-finding aspect of a divorce case. Lawyers have many different legal tools at their disposal that they can use to obtain information and evidence in a divorce case. If you are getting divorced, it is important to know what to expect during divorce discovery.

Discovery Tools That May Be Used in Your Divorce

Each case is different, and divorce attorneys may use a variety of different legal tools and procedures to uncover information relevant to a case. Divorce discovery may involve:

• Requests for production of documents – As the name implies, a request for production is an official request for certain documents. Often, a spouse is asked to hand over financial documentation such as bank statements. However, requests for production may also be used to procure medical records, a child’s educational records, real estate deeds, or other paperwork.
• Interrogatories – Interrogatories are questions that a spouse is asked to answer truthfully and in writing. If a spouse lies on an interrogatory, the spouse may face perjury charges. For example, an interrogatory may ask a spouse to list all of his or her sources of income.
• Requests for admission – These are similar to interrogatories. However, a requestion for admission asks a spouse to read a fact and then admit or deny that fact.
• Depositions – A deposition is a type of testimony in which parties answer questions under oath. A deposition may be held to discuss financial or child-related matters crucial to the divorce outcome. Everything that is said during a deposition is recorded. If a spouse later contradicts what he or she said during a deposition, this will almost certainly be used to discredit the person during the divorce case.
• Subpoenas – Subpoenas are Court orders that require someone to do something. Often subpoenas are used to require a party to provide certain information. For example, a divorce lawyer may serve a cell phone company with a subpoena that requires the company to provide call logs for a spouse’s cell phone. Subpoenas may also require an individual to appear in Court and provide testimony.

Speak With an Arlington Heights Divorce Lawyer

If you are getting divorced and your spouse is not being reasonable or cooperative, it is important to have a strong legal advocate on your side. Contact our Palatine divorce attorney at 847.873.6741 for a free, confidential initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-402