What Should I Expect During the Discovery Process in an Illinois Divorce?

 Posted on July 22,2021 in Divorce

If you and your spouse have not been happy for a long time, getting a divorce may be able to give you the relief you need. However, getting a divorce is not a walk in the park. Resolving matters like the division of marital property can be complicated, and if your spouse is reluctant to provide you information about his or her finances, you may need to take advantage of the discovery process to get the information you need to make well-informed decisions.

What Is the Discovery Process?

The discovery process allows divorcing couples to gather important information and documents, usually related to each other’s finances, after the filing of the initial divorce petition. Sometimes, spouses willingly share such information, but it is often necessary to use a more formal legal process to better ensure all relevant information is exchanged. Through discovery, each spouse gets access to the same information when coming to decisions regarding their divorce. If you and your divorce attorney gather this information, you may have an easier time reaching a fair agreement.

What Are the Different Types of Discovery Tools?

Divorce attorneys use several discovery tools to help them gather important information. For example, interrogatories are written questions that each spouse can submit, often concerning the other spouse’s income, debts, assets, work history and educational background. Spouses must answer these questions within 28 days of receiving them. Similarly, requests for admissions of facts allow one spouse to ask the other to either confirm or deny certain facts. Admissions of facts can be particularly helpful when trying to verify the validity of documents and to discover hidden assets.

Another tool called a deposition requires a party to give sworn statements in response to an attorney’s questions. Depositions are transcribed by a court reporter and generally do not last longer than three hours. If a party gives a false statement during a deposition, he or she may be charged with perjury.

In addition to asking and answering questions, the discovery process also involves the exchange of documents. Each spouse may request that the other party provide certain documents, such as tax returns, bank statements and pay stubs. If one party refuses to provide this information, the other party may request it by use of a subpoena.

The discovery process can be quite complex, so it is important to have a qualified lawyer to help you through it. It may also be necessary to enlist the help of financial experts to clarify the information you obtain.

Contact an Oak Park Divorce Attorney

If you are going through the divorce process, it is crucial to have an experienced Hillside, IL divorce lawyer on your side. At the Law Office of Vincent C. Machroli, P.C., we can help you protect your interests, and also determine the best way to get the information you need from your spouse. Contact us at 708-449-7404 to set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+4&ActID=2017&ChapterID=56&SeqStart=4200000&SeqEnd=6000000