IL divorce lawyerIn uncontested divorces, both spouses are typically willing to hand over whatever information the other party requests or needs. However, in divorce cases that involve spouses who do not get along with one another, it is not always guaranteed that you will get all of the information that you asked for. The process of discovery is simply just the formal process of asking your spouse for their financial information and handing over any information that they request in turn.

How Can I Gather Information During the Discovery Process?

There are various things you can do during the discovery process to help gather information. Not all divorces will include all forms of discovery, but they are all available to use as legal tools for gathering information. These discovery tools include:

  • Formal requests: Generally, the discovery process begins when an attorney sends a formal request for certain financial information to the other party. This request could be for documents such as tax returns, bank statements, pay stubs, retirement account ledgers, insurance policies, and even estate planning documents.
  • Interrogatories: If your attorney utilizes interrogatories, a list of questions will be sent to your spouse for them to answer. They are required to answer these questions truthfully, under the full disclosure requirement of Illinois law. These questions typically serve the purpose of gathering evidence to support your claim for marital property and/or spousal support.
  • Admissions of fact: If your spouse is dancing around a question and will not directly answer it, an admission of fact can force them to answer. An admission of fact is similar to an interrogatory, though your spouse must answer simply “yes” or “no” depending on the question.
  • Requests for reproduction: You can ask for a request for reproduction of certain documents if they were not already handed over. For example, if you are notified that your spouse is going to call an expert witness during the trial to testify, you might want to request any and all documentation that the other party has on the witness.
  • Depositions: A deposition is a sort of interview that takes place between your attorney and your spouse. Your attorney will have a list of questions that they will ask your spouse in the presence of a court reporter. The statements taken by your spouse through a deposition are sworn statements that could result in perjury if they lie deliberately. The court reporter will transcribe the entire conversation between your attorney and your spouse.
  • Subpoenas: If your spouse is difficult and does not comply with your discovery requests, a subpoena may be warranted. Subpoenas are court orders that are often used as a last resort when a party is being particularly uncooperative and can force that person to either testify in court or produce certain documents.

Discuss Your Situation With a Burr Ridge, IL Divorce Attorney

If you and your spouse do not agree on property division issues during your divorce, you should speak with a knowledgeable DuPage County contested divorce lawyer about your case. At Botti Marinaccio, LTD, we have experience working with a variety of couples in many different situations, including contested divorces. Our team of skilled attorneys can help you fight for your best interests. To schedule a consultation, call our office today at 630-575-8585.



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