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Naperville divorce lawyerIf you have decided to divorce and started the process of researching your options, you may feel as if you are being bombarded with unfamiliar legal terms. Many people who divorce have never been involved in a legal dispute or even stepped foot inside of a courtroom before, so it can understandably be overwhelming. One aspect of divorce that people often have questions about is divorce “discovery.” The discovery process involves each party and his or her respective attorney obtaining information and evidence from the other party. This fact-checking portion of the divorce process is an essential part of ensuring that the divorce settlement or judgment you receive is based on accurate and complete information.

What is Involved in Divorce Discovery?

The duration and complexity of discovery will depend on the value and complexity of each party’s assets, the level of contention between the spouses, and how willing the spouses are to be honest and forthcoming about personal information. When a spouse attempts to hide assets, lie about income sources, or is otherwise unwilling to be transparent about finances, the discovery process becomes even more crucial. Discovery can involve a number of different methods for exchanging information, including:

  • Disclosure: When a couple files for divorce, one of the first things each spouse will be asked to do is fill out a financial affidavit listing his or her assets, income, and debts. Each party will have the opportunity to review the affidavit and request additional information.

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Posted on in Divorce

Naperville divorce lawyersMost divorces in Illinois are begun by petition when one spouse files in the relevant circuit court. When this happens, the next step is usually the discovery process, which means asking each spouse to provide to the other information that may be relevant or important in terms of appropriately handling the case. Discovery can be confusing and may require a knowledgeable legal mind to help you decide how to best get through it.

Depositions

While there are multiple methods by which discovery may be conducted, depositions are among the most common. Depositions are not unlike testifying in court, and indeed, you will almost certainly be under oath to be honest. During a deposition, you will be asked questions and you must provide accurate and complete answers. Depositions can be long, and there is a specific code of conduct in terms of how to get through them. Generally, however, if one shows up on time, tells the truth and makes no attempts to be deceptive in any way, things will go well.

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Naperville family law attorney, divorceDivorce can be a touchy subject. If you are considering a divorce, you are likely nervous about how to bring up the subject with your spouse. Asking for a divorce can be one of the most challenging things you will ever do in your life, so it is important that you proceed with caution. The goal should be to discuss the subject openly and honestly, and prepare yourselves for an amicable divorce process. While asking your spouse for a divorce may be difficult at the time, it may be the first step to bringing both of you greater happiness in life. Recently, a few marriage and divorce experts from across the country shared some dos and don’ts to keep in mind when broaching the subject of divorce with your spouse.

Pick a Good Time

Marriage and divorce specialists say that choosing an ideal time to have the divorce discussion with your spouse is extremely important. Pick a time where both of you can talk, uninterrupted and free from distractions. Turn your phones off, make other arrangements for the kids, and allow yourselves space to have an honest conversation. Avoid casually dropping that you would like a divorce. All too often, one spouse will say they want a divorce during an argument or another tense situation, and this only sets the stage for further conflict during the process.

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