What Is Involved in the Discovery Process During Divorce?

 Posted on March 13, 2025 in Divorce

There are many different aspects of a divorce, including the division of marital assets, the determination and award of spousal support, and issues regarding child custody, now known as the allocation of parental responsibilities and parenting time in Illinois. The purpose of divorce is to end the marriage while dividing marital assets and debts in a manner that is considered fair under the equitable distribution laws of Illinois.

To accomplish the division of marital debts and assets, there must be a discovery process. In a criminal trial, discovery means each side must reveal the information they have regarding the case. In a divorce, discovery is the process of disclosing financial information, business records, real estate documents, tax returns, and any other information that will be used to divide the marital assets.

Discovery may take place informally, during an uncontested divorce, or formally in a divorce that is contested and in which one party may feel the other is not being entirely truthful regarding marital assets. If you are facing a divorce in the state of Illinois, it is important that you speak to an experienced Oakbrook Terrace, IL divorce lawyer who can help you through the discovery process.

Informal Discovery vs. Formal Discovery

Informal discovery usually occurs early on in the divorce when each spouse voluntarily releases information along with a financial affidavit. Informal discovery can also occur when a settlement is negotiated by each party’s attorney through the voluntary exchange of information. Divorce cases that are considered fairly simple can use this informal discovery to get an overall picture of the financial situation of the couple. If the voluntarily provided paperwork is sufficient to work out a divorce agreement, then no further discovery is required.

In a more complex divorce, formal discovery may be required and can include interrogatories, issuance of a Notice to Produce Documents, depositions, and subpoenas.  In a divorce case, interrogatories are a set of up to 30 questions asked of one spouse by the other. These 30 questions can include more detailed "sub-questions." In some cases, permission from the court can be obtained if more than 30 questions are required.

Interrogatories include basic contact information, information regarding debts and obligations, property owned, and any witnesses that one party may call during the divorce trial. If there are more than 30 non-standard interrogatory questions, or if the questions could be considered harassing in nature, one party can file an objection to the interrogatories within 28 days of receipt of the interrogatory questions.  

What is a Notice to Produce?

When one party makes an official request to the other for documents, records, bank statements, deeds, titles, loan statements, credit card statements, inventories, etc., the request must be for records that one spouse knows already exist. A reasonable time frame must be given, i.e., if the marriage has lasted five years, the request cannot ask for documents going back 10 or 15 years. Like interrogatories, the party served with a Notice to Produce has 28 days to produce the document. If he or she does not do so, the court can issue a motion to compel.

What Are Subpoenas and Depositions?

A subpoena is a request from one party to a third party for documents or statements related to a case. For example, a subpoena could be issued to a bank for records related to the couple’s finances if one spouse refuses to produce the documents on his or her own. A deposition is an in-person meeting between the spouses and their attorneys where one party’s attorney can question the other spouse about any additional information related to the divorce. Often, the goal of a deposition is to get one spouse to make a statement under oath, with the expectation that he or she may attempt to change testimony during trial, impeaching his or her testimony.  

Contact a DuPage County, IL Divorce Lawyer

Divorce is seldom a pleasant experience, but having a knowledgeable Oakbrook Terrace, IL divorce attorney from Farooqi & Husain Law Office can make a difference in the process and the outcome. Attorneys Husain and Farooqi both have extensive experience in family law, along with a broad knowledge of Islamic family law. Call 630-909-9114 to schedule your initial attorney meeting.