Discovery-in-Divorce-Cases
In Illinois divorce cases, a crucial element is how to divide marital assets. Each divorce is unique and there are a number of ways to resolve this key issue. But one thing common to all Illinois divorce cases is that complete information is key.
As a Chicago divorce lawyer, I know that in many cases, this isn’t a major problem. Some spouses come into the divorce with shared financial responsibilities, jointly owned accounts, and no secrets. For others, at the start of the divorce case, one spouse might have little idea about the financial information required to process their cases. Common questions include: how many assets are on the table; exactly how much income does the other spouse make; how much money is in the bank accounts, and where are they held; is there property they don’t know about; or has the other spouse sold or given away property recently?
The divorce process can be difficult without this information, but Illinois divorce law provides a solution called discovery.
Discovery is when one party in a divorce case asks the other party to disclose information or produce documents, often backed by a court order. The responding party has a deadline to respond, and must give any relevant information. In a divorce case, both parties are entitled to discovery. In some cases, the parties must automatically disclose some information. In Cook County divorce, including Chicago divorce cases, for example, both parties must fill out a financial disclosure form, called a 13.3.1 Form.
The divorce discovery process includes a number of other legal tools to get the information needed to have a successful divorce process. They include:
- Interrogatories–written questions delivered to the other party.
- Requests for Documents–formal requests for documents like bank records, tax returns, etc.
- Subpoenas–court orders for someone not personally involved (like a bank or an employer) in the case to give information.
- Depositions–formal questioning taken under oath.
Discovery can be an extremely helpful tool in any divorce case, but it also has some difficulties. Discovery can be an expensive and time-consuming process. As an experienced Chicago divorce attorney, I believe that the best course is to have a lawyer help you through the discovery process. I am available to discuss or assist in an Illinois divorce, Chicago divorce or with the discovery process.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the Chicago law firm, Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) He also holds a Master of Tax Law Degree (LLM). He is highly respected among other divorce attorneys, judges and his clients. Currently, Michael is the Secretary for the North Suburban Bar Association. Michael is available to provide speaking engagements on topics related to Illinois Family Law to professionals, community or religious organizations. For more information about all of his services, contact Michael at mcraven@harrisonheld.com or at Divorce Lawyers Chicago
