What is Discovery in a Divorce case in Illinois?

May 13th, 2020 by Tiffany Hughes

Many people going through a divorce know very little about their spouse’s finances. If you’re in this position, do not worry, as you have the right to obtain all of your spouse’s financial records and information through the legal process of what is called “discovery.” Your lawyer will request your spouse to provide copies of all records that relate to their income, assets, and debts going back many years. If you’re interested in filing for divorce and need to use the discovery process to obtain your spouse’s financial information, you should contact the experienced family law Attorneys at The Law Office of Tiffany M. Hughes today to ensure your discovery process is completed properly and thoroughly.

What Types of Discovery Are Used In Divorce Proceedings?

Discovery is an integral tool used in divorce proceedings as each spouse has a right to complete transparency as to all of their financials. There are many methods of discovery and each method has certain advantages when used strategically in a divorce case. Our attorneys have vast experience in completing extensive discovery analyses whereby we I cross reference and review all financial records and identify the strategy and next steps in discovery and which methods will be most advantageous for you.

The five common methods of discovery are:

• Financial Disclosure Statements: Discovery typically begins with the exchange of Financial Disclosure Statements (also known as a Financial Affidavit), which is a document each spouse fills out that contains all of their personal information, monthly and yearly income from all sources, monthly living expenses, minor child-related expenses, all assets including real property, investment and retirement accounts, stocks, and all debts.

• Written Discovery: Notice to Produce Documents: A Notice to Produce is a written request served upon a spouse or their attorney requiring them to provide all requested documents within 28 days covering a specific time frame (i.e., from January 1, 2017 to date). Documents that parties commonly ask for include tax returns, bank statements, retirement or investment account statements, credit card statements, mortgage statements, life insurance policy information, and proof of claimed expenses.

• Written Discovery: Interrogatories: Interrogatories are written questions that a spouse will have 28 days to provide their answers to under oath. Since the answers to the interrogatories are sworn answers, they can be used against you in a future hearing or trial.

• Depositions: Depositions are a form of discovery whereby the person who is being deposed must sit and answer questions under oath. The person being deposed, the other party in the case, their attorneys, and a court reporter are all present. A deposition can last up to three hours. If any of the witness’ answers are proven to be false, he or she could be charged with perjury.

• Requests to Admit Facts or Genuineness of Documents: Requests to Admit Facts are a series of questions sent to a party that he or she must either “admit” the statement of fact as true or deny the statement as true. If a party fails to answer a Request to Admit Facts within 28 days, all statements of fact alleged therein are admitted as true. A Request of Genuineness of Documents is sent to a party with all documents enclosed therein. The receiving party must respond as to the genuineness of each document within 28 days. If the party whom the request was made fails to respond to the Request of Genuineness of Documents within 28 days, the same procedure applies where all documents are admitted as genuine.

Contact Us Today

The discovery process can be complex and is governed by specific sections of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) as well as the Illinois Supreme Court Rules. These laws contain deadlines that must be strictly followed. If discovery deadlines are missed, you can be responsible for the other parties attorneys fees, barred from presenting evidence at trial, sanctioned or held in indirect contempt of court. It is critical that you work with the highly experienced family law Attorneys at The Law Office of Tiffany M. Hughes to ensure the discovery process is properly completed and strategy is implemented at every stage of your case. Do not leave your financial future to chance. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the discovery process in your divorce case in Cook, DuPage, Lake, Will, Kane, McHenry and surrounding counties, contact us today to schedule your complimentary consultation at 773-893-0228.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.