Understanding the Discovery Process in Illinois Divorces

 Posted on January 22,2021 in Division of Property

As society has changed and evolved, so has the divorce landscape changed drastically over the years. In decades prior, it was not unusual at all for a divorcing couple to hash out their issues in a courtroom. Now, divorce negotiations are usually cooperation-based and typically take place outside of the courtroom, often in a lawyer’s office. However, there are still couples who will not be able to work with one another on simple tasks, such as asset division. In Illinois, asset division is done in an equitable manner, meaning both spouses are to receive a portion of the marital property that is determined to be fair and equitable. However, a fair determination of assets requires full cooperation on the part of both partners during the discovery process.

What Is the Discovery Process?

In most divorces, both spouses will be upfront and forthcoming with their financial information and will readily hand over whatever is needed to get the process completed. However, some spouses will still try to withhold information or hide assets to keep them from being divided in the divorce. If a couple’s divorce is contested, it is likely that the attorney will use the discovery stage of the divorce to gather all of the financial information needed to negotiate a settlement.

The discovery process itself is simply the name of the formal process of exchanging financial information between spouses during the divorce. The discovery process typically starts when financial information or documentation is requested from one spouse, the information is exchanged, and an affidavit is signed, stating that each spouse has given full financial disclosure. 

Processes and tools used during the discovery stage of the divorce can include:

• Interrogatories - Written questions to which the spouse must respond.

• Admissions of fact - Questions to which the spouse must give an affirmative or negative answer.

• Requests for production - Requests for specific documents that need further attention or that may be missing from original documentation. 

• Depositions - Sworn statements in an interview-type format given by a spouse prior to trial.

• Subpoenas - Documents legally requiring a spouse to obey its commands or face consequences. Typically, divorce subpoenas involve producing documentation or financial information.

Contact Our Kane County Asset Division Attorney Today

For many people, one of the most important aspects of divorce is the financial aspect. The asset division process is the portion of the divorce during which most of your financial decisions will be made, so it is crucial to have assistance from a knowledgeable St. Charles divorce lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you gather all necessary financial information from your spouse to ensure you make informed financial decisions during your divorce. To schedule a consultation, call our office today at 630-409-8184.

Sources:

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

http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_II/ArtII.htm#201 

https://www.mydomaine.com/step-by-step-explanation-of-the-discovery-process-1103376