Understanding Discovery in a Divorce
Posted on February 06, 2023 in Divorce
Discovery is the legal process in which both parties to a legal action exchange information about the witnesses and evidence they intend to introduce during a divorce case. This process can lead to the disclosure of incredibly sensitive and important information, such as tax returns and other financial documents, medical records, or child-related information. Discovery can help both sides in a divorce get a clearer view of the other side’s current status and know what assets and debts may be applicable in the case.
Types of Discovery Issues
Discovery is typically informal or formal. Informal discovery involves the voluntary release of information by the parties. Formal discovery usually occurs in court and may involve interrogatories, notices to produce documents, depositions, or subpoenas. Interrogatories involve questions one party asks another. The Illinois Supreme Court approved a series of standard interrogatories specifically for divorce cases.
A notice to produce is a request from one party for some kind of tangible good, usually a document, the other side has. When one party does not respond or object within 28 days, the other party may send a 201(k) letter requesting a conference at which discovery issues must be resolved before any motion to the court can ask to compel responses for discovery.
A subpoena can be another type of legal request for a document. When documents concern bank statements, a subpoena may be served on the bank. Subpoenas may also require an individual to provide testimony about an issue relevant to the divorce case.
Depositions involve the divorcing spouses and their respective attorneys. The spoues may be asked questions about their income, assets, liabilities, and other information. Divorcing parents involved in a custody dispute may be asked about their relationship with their children and other child-related matters. The parties are under oath, and the answers to their questions are recorded.
Contact a Kane County Divorce Lawyer
If you going through a divorce in Kane County, you do not need to deal with all of the complicated legal issues by yourself. Contact our Geneva divorce attorneys at The Law Offices of Douglas B. Warlick & Associates to get the support you need and answers to all of your legal questions.
Our firm has more than three decades of legal experience, and we take the time to meet with all of our clients personally. You can call 630-232-9700 or contact us online to set up a confidential consultation.
Sources:
https://www.illinoiscourts.gov/Resources/92154f38-e368-4fc0-824c-92bc147ec6da/213.pdf
https://www.illinois16thjudicialcircuit.org/Pages/localCourtRules.aspx
