What surprises a lot of people going through a divorce is that they have potentially will have to comply with extensive discovery. This discovery can include numerous interrogatories and document requests. Document requests can include, bank statements, credit card statements, mortgage or rent documents, work payment history, insurance policies, verification of other debts and assets.
In Cook County, Illinois, it is standard that both parties fill out a 13.3.1 Financial Disclosure Statementhttp://184.108.40.206/Forms/pdf_files/CCDR0604.pdf. Opposing counsel and Judges will review these and the party filling out the disclosure form can be questioned under oath at a hearing or trial regarding the information that they have provided. The law also requires that you provide your last two years of tax return statements and recent paystubs.
Some people may feel that this is an invasion of their financial privacy but the Court must have this information so that they can make an equitable determination of assets and debts between the parties. I always encourage my clients to take their time filling out the financial disclosure form and to review past bills to make appropriate estimates of all of their monthly expenses. It is also my policy to thoroughly review the form after my client returns, it so that I can let them know if I have any questions or concerns. Although discovery can be one of the most time consuming parts of a divorce, it is best for both parties in the long run to comply.