Understanding the Process of Discovery During Your Illinois Divorce

 Posted on April 13, 2021 in Divorce

One of the most difficult decisions you may ever be faced with is determining when the time is right for a divorce. All couples go through periods of being unhappy, but when it becomes a frequent occurrence, you may begin to wonder whether or not you would be happier alone.  In most cases, there is some form of resentment during the divorce, whether it is about a specific issue, or the divorce itself. In many cases, this can lead to mistrust. Even though you are ending your relationship, there are many things that require a level of trust during a divorce, with the most important of them being the financial side of things. Is your spouse being honest and open about his or her assets? If you feel they are not being honest and you are worried about not receiving your fair share of the marital estate, the discovery process can be used to ensure that property issues are settled fairly.

Tools You Can Utilize During Discovery

When you begin the divorce process your first step is to try and come to an agreement on

things with your spouse, rather than going straight to court.  If you are unable to work things out between yourselves and come to an agreement, or if you think your spouse could be

hiding assets from you, your divorce lawyer will likely recommend that you

begin the discovery process. This process is used to gather financial information from your spouse so you can proceed with the contested divorce. Discovery is the formal name for the process by which financial information is exchanged between spouses during a divorce. It is typically only used when one spouse is less-than-forthcoming with their financial information or if there are concerns of hidden assets. There are various tools and procedures that attorneys have at their disposal during the discovery process. Not all discovery will contain the same procedures and steps, rather, they are used on an as-needed basis, but can include:

• Interrogatories - written questions that the spouse must respond to

• Admissions of fact - questions that the spouse must answer “yes” or “no” to 

• Requests for production - Requests for specific financial or other documents that may need further examination

• Depositions - Sworn statements that a spouse gives prior to a trial

• Subpoenas - A legal document requiring a person to obey the contents or face legal consequences. Divorce subpoenas usually require people to produce documentation, rather than appear in court, though both are possible in a divorce case.

Our Will County Asset Division Attorney is Here to Help

When it comes time for you and your spouse to divide your assets, it is extremely important that you have a complete picture of both of your assets, debts, and liabilities. If you feel as if your spouse may be hiding, concealing, or misconstruing certain assets, you should speak with a knowledgeable Joliet, IL asset division lawyer before you do anything. At the Law Office of Ronald L. Hendrix, P.C., we can help you understand your options when it comes to a contentious divorce and potential hidden assets. To schedule a free consultation, call our office today at 630-355-7776.

Sources:

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

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