What Can I Expect From Discovery in My Wheaton, IL Divorce? 

 Posted on December 14, 2021 in Divorce

No matter how you feel about getting a divorce, once you have made the final decision, certain steps must be completed. The type of divorce you pursue will affect these steps to some extent. For couples who can agree on everything or agree to mediation when they do not agree, an uncontested divorce may be the best option. For some couples, however, a contested divorce is the only option.  

Contested divorces can be messy, long, and expensive. Illinois family courts discourage this whenever possible by trying to motivate spouses to work together on a settlement; unfortunately, it is not always possible. A contested divorce may go all the way to trial but before a trial can begin, there is an important step called discovery. Discovery can be long and complex, so it is important to know as much about it as you can before the process begins. 

Before Discovery

In the best case divorce scenario, spouses will be open and willing to exchange information between each other and their lawyers. Sometimes spouses may be willing to share information about some topics, but stonewall about others. Even in a contested divorce, the more spouses can settle together outside of court, the easier the discovery and litigation processes will be. Talking to your spouse (even if just through their attorney) may help you get an idea of what you can expect to confront during discovery. 

During Discovery

The discovery phase is used by both parties to get important information about the relationship so the facts can be established and a divorce settlement can be fairly and transparently negotiated. Usually, financial documents and information make up the bulk of the discovery process. Paystubs, employment contracts, mortgage statements, and investment account statements are all necessary to get an accurate assessment of each spouse’s financial situation. 

Attorneys can use many different methods in the discovery process, and the strategy an attorney uses will depend on the unique circumstances and requirements of each case. They may use interrogatories, formal requests, admissions of facts, requests for production, depositions, and even subpoenas. The more complex and detailed a divorce is, the more discovery steps will likely be necessary, and how difficult or easy it is will usually rely on how cooperative spouses are willing to be. 

After Discovery 

Once the discovery process has ended, the case will move forward into trial hearings or negotiations. Often, when both spouses have each others’ complete financial information, they can make an informed negotiation and stop the process from moving into further litigation. Other times, however, spouses dispute facts before a judge and ultimately have to rely on him or her to make decisions in the case. 

Meet with a Wheaton, IL Divorce Lawyer

At The Stogsdill Law Firm, P.C., we make it our priority to help our clients understand every part of the divorce process. Our friendly, capable DuPage County divorce attorneys will answer your questions and ensure you know your full range of options. We work closely with our clients so they feel valued and heard. If you are going through a divorce, schedule a consultation with us and find out why we are the law firm that other lawyers trust. Call us today at 630-462-9500. 

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3636&ChapterID=56