How Are Subpoenas Used in Illinois Divorce Cases?

 Posted on October 07,2020 in Divorce

When you think of a witness being used in a legal case, you are probably like most people who picture a person who is called to the witness stand in a criminal case, or perhaps a personal injury case. Subpoenas can actually be used in a variety of court cases, including divorce cases, if they are necessary. Many times, contested divorces can make subpoenas necessary to retrieve important financial information. This can play a crucial part in ensuring both spouses receive their fair share of the marital estate. 

Types of Subpoenas in Illinois Divorce Cases

In Illinois divorce cases, there are two types of subpoenas that can be used. The first type of subpoena, called a subpoena ad testificandum, is a request for a person to appear to testify. Often, this type of subpoena is issued if the person in question possesses important knowledge about the case. These types of subpoenas are rare, though not impossible in a divorce case.

The second type of subpoena is called a subpoena duces tecum and directs certain individuals to bring specific documents with them during their appearance. 

Reasons for Requesting a Subpoena

Subpoenas can be useful for many reasons during a divorce, especially if your spouse is less than cooperative. Most divorces do not involve the use of subpoenas for witness testimony. The majority of the time, when a subpoena is issued in a divorce case, it is issued with the goal of obtaining certain documentation.

A lot of divorces will not involve subpoenas, as many spouses are cooperative during the discovery process. However, there are certain situations in which a subpoena may be appropriate. A divorce may involve a subpoena because:

• One spouse has failed to produce or refused to cooperate with the requests during the discovery process

• One spouse had primary control over the household finances and the other spouse has little to no access to those records

• One spouse believes that the other spouse is hiding assets from him or her

• A spouse provided redacted and/or insufficient information for the discovery requests

Contact an Oswego Divorce Attorney

Sometimes, no matter how hard you may try to cooperate with your spouse, you may simply come to find that your spouse simply is unable or unwilling to do so. In situations such as these, you may need to resort to certain tactics, such as using subpoenas, to ensure your rights are being protected during your divorce proceedings. At the Law Office of Matthew M. Williams, P.C., our attorney will help you negotiate the terms of your divorce with your spouse, no matter how combative he or she may be. To schedule a confidential consultation with our Kendall County divorce lawyer, call our office today at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074001750K6

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