Discovery During Divorce

Posted on December 29th, 2021 by Stephanie Saghafi

During a typical divorce, the parties will each issue discovery requests to the other side in order to gather documents and learn information about the other spouse’s assets and liabilities. Each spouse is entitled to be informed about the other’s financial situation. It is important to remember that discovery is a two-way street, and so just as you are entitled to your spouse’s information, they are also entitled to yours. If you have specific questions about discovery, and if you should engage in discovery during your divorce, contact our DuPage County divorce lawyers today for a free consultation.

What is discovery?

In most cases, discovery is completed by issuing two different types of requests for financial information. The first request is called the “Matrimonial Interrogatories”, issued pursuant to Illinois Supreme Court Rule 213. Matrimonial Interrogatories are questions for the other party to answer and typically cover information such as their current and previous employers, name and number of bank accounts, business ownership, and non-marital property, to name a few. The second request is the “Request to Produce”, issued pursuant to Illinois Supreme Court Rule 214. The Request to Produce asks the other party to produce documents, such as tax returns, bank statements, and credit card statements, amongst others. The requests typically ask for the last 3 years of financials to be produced and responded to.

Why is there discovery?

Discovery is to ensure that each party is fully aware of the other’s financial situation so that an agreement can be entered into fairly and equitably. During a marriage, there are many different assets that each party accumulates both together and separately. Some assets typically accumulated during a marriage are bank accounts, retirement accounts, investment accounts, and real estate. The discovery process allows each side the opportunity to examine what assets each party has, and determine which are marital (and therefore subject to division during divorce) and which assets, if any, are non-marital.

If you have filed for divorce and need an attorney to help you navigate the discovery process, contact our experienced DuPage County divorce lawyers at Giannola Legal LLC.

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