The discovery phase of the divorce process entails the exchange of important information. Most of the information is financial and related to the property division element of divorce. Illinois law requires both spouses to fully disclose financial information during divorce proceedings to ensure the fair and equitable distribution of assets and debts. Consider some basic elements of the discovery process, and talk to a knowledgeable Will County, IL divorce attorney about how it applies to your case.
Is Discovery a Court-Ordered Process in Illinois?
If your divorce is contested, meaning that you and your spouse cannot agree on the main elements of divorce, the court will order discovery. The main elements of divorce include the division of property, the distribution of debt, spousal maintenance, and the allocation of parental responsibilities. In an uncontested divorce where you both agree on the terms, discovery can be voluntary, but this only happens when you can trust each other not to hide assets or intentionally withhold relevant information. Court-ordered discovery is much more formal.