What Is the Discovery Phase in an Illinois Divorce?

 Posted on February 17,2023 in Illinois Divorce

When a couple goes through a divorce, there are different phases to that process. One of those phases is the discovery phase. This is where each side gathers information in order to determine what they are looking for in the final divorce settlement. Having a skilled divorce attorney is critical in obtaining that information and evidence and protecting you from an intrusive and overly aggressive spouse's attorney.

The Discovery Process

Discovery is used in both criminal and civil actions. The process itself is a legal and formal one and all parties must adhere to the procedures and rules put in place by the court in the case is being heard in.

In a divorce proceeding, the goal of discovery is to ensure that both parties have the same information about their assets, debts, income, and other financial issues in order to negotiate a fair and just divorce settlement.

There are several tools that attorneys have for divorce discovery. Your attorney and your spouse’s attorney may use any or all of the following:

• Interrogatories – These are a written list of questions that one side gives to the other. These questions are answered under oath, so answers must be truthful. Topics inquired about usually revolve around the spouse’s background, employment, education, income, assets, debts, and financial accounts.

• Request for production of documents – The request for the production of documents is the request of one spouse for the other spouse to produce documentation. The information requested usually centers around finances, such as bank statements, business formation documents, investment statements, and pension statements.

• Depositions – A deposition is sworn testimony consisting of questions asked by the other spouse’s attorney. These, too, are made under oath, and the testimony is recorded by a court reporter in order to have an official record of the deposition. Not only can both spouses be required to participate in a deposition, but they can also be used to obtain testimony from experts and any other witnesses associated with the divorce.

• Subpoenas – If a spouse refuses to participate in a deposition or produce requested documents, the attorney can request the court issue a subpoena ordering that party to comply and produce the evidence and information being requested.

Contact a Kane County Divorce Attorney

If you have decided to end your marriage, contact a seasoned St. Charles, IL divorce lawyer to make sure your parental rights and rights to the marital estate are protected. Call Weiler & Associates, Inc. at 630-331-9110 to schedule a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59