What Does the “Discovery” Process Involve During an Illinois Divorce?

 Posted on June 22, 2020 in Divorce

If 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.

• Interrogatories: Interrogatories are formal questions that are asked by each party. You may be asked to provide additional information about your property and income and answer questions about your work history, educational background, and more. This information is used when negotiating issues such as property division, spousal maintenance, and child support.  

• Request for Admission: Requests for admission are requests that each party makes to the other regarding the accuracy of relevant facts. A spouse may be asked to admit or deny the truth of a statement while under oath.

• Request for Production: A request for production is a request for documents or evidence that have not already been provided by one party to the other. These documents may include emails, photographs, signed statements from other relevant parties, and more.

• Depositions: Some depositions involve an exchange of written information and others are in-person depositions. Regardless, all parties will be under oath during depositions. These meetings may involve the spouses and their attorneys, expert witnesses such as accountants or child development specialists, and other parties.  

Contact a DuPage County Divorce Lawyer

In order for spouses to negotiate fair agreements about asset division, spousal support, and other important divorce issues, each spouse will be asked to provide information during discovery. Obtaining information that is truthful and thorough is key to getting the divorce settlement you deserve. For help throughout the divorce process, contact a knowledgeable Naperville, IL divorce attorney from Pesce Law Group, P.C. Call 630-352-2240 and schedule your free, initial consultation today.

Sources:

https://www.survivedivorce.com/divorce-discovery

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