What Are the Strategies Used in the Discovery Process During Divorce?

 Posted on August 03, 2020 in Divorce

The division of assets is a central component of divorce. Before you can make a settlement with your spouse, both of you and your attorneys will have to go through the discovery process. Discovery is a pre-trial stage of a divorce where both parties investigate and request evidence from the other party, including financial records. A married couple’s finances can get complicated, and couples are frequently unaware of the scope of their partner’s assets. To reach a fair conclusion, no financial information should be withheld from either party. Attorneys rely on several strategies to unveil the information they need to make adequate demands for their clients. We will detail some of the most commonly requested discovery tactics below. As you are preparing for a divorce, ensure that you have the help of an experienced and dedicated divorce attorney who will leave no stone unturned during the discovery process.

Common Discovery Tactics

During discovery, attorneys rely on the following to get the information they need before trial:

• Deposition: A deposition is an attorney’s chance to ask your spouse or a relevant third-party witness for information. Witnesses take an oath before answering an attorney’s questions. If your spouse or any other witness tries to conceal information or lie in court, your attorney can use the written or taped testimony obtained during a deposition to impeach that witness. There are two types of depositions used in Illinois divorces, discovery deposition, and trial deposition. In discovery deposition, an attorney asks a witness a series of questions to reveal as much information as possible. However, attorneys only use discovery deposition to disclose some information and test how a witness will testify in court. In a trial deposition, attorneys approach their line of reasoning as they would in a trial and use evidence or other witness’ testimony to exhaust their line of questioning.
• Requests to Produce Documents: Attorneys can submit a request to produce documents that will require the other party to offer the requested documents within 28 days.
• Subpoena Duces Tecum: If your attorney suspects that your spouse and his or her attorney are withholding information, he or she can direct a subpoena to a third party, requiring them to produce the information you need, such as a bank or lender.
• Written Interrogatories: Your attorney prepares written questions regarding your case that responding parties must answer within 28 days.

Contact a DuPage County Divorce Attorney

It is imperative that you prepare for your divorce proceedings with the assistance of experienced legal counsel to ensure your rights are protected throughout the process. An accomplished Naperville, IL divorce lawyer who will aggressively fight for your fair share of assets during a divorce. Schedule a free consultation with Pesce Law Group, P.C., by calling us today at 630-352-2240.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

https://www.ilga.gov/legislation/ilcs/documents/073500050K2-402.htm