Anderson & Boback Logo

All About the Discovery Process

Published
Categorized as Illinois Divorce, Property Division

There are two main purposes for obtaining a divorce. The first purpose is to dissolve the marriage, and the second purpose is to distribute marital property. Many divorcing parties are aware of all of the marital assets, however, there are also many parties that choose to keep their assets separate throughout their marriage, and they are thus not aware of all of the marital assets. The courts in Illinois require the parties to be made fully aware of each other’s assets prior to entering into a divorce agreement, and the process that the parties use to obtain this information is called “discovery”.

Some divorces have minimal, voluntary discovery, where both parties submit current account statements, form 13.3.1 disclosure statements and other documentation showing what their assets are, on a voluntary basis. Other parties do not want to disclose their assets unless their hand is forced, and for those types of cases we issue formal discovery. The most common discovery that is issued is a request for documents as well as a request for answers to interrogatories. The documents requested are typically financial account statements, retirement statements, credit card bills, mortgage statements and any other financial documents that show what each party has. The interrogatories are typically questions regarding what assets the parties have. Once served, the responding party has twenty-eight (28) days to respond.

Once the parties turn over their documents to each other, the attorneys and parties review the other parties’ statements and documents to make sure that all assets are accounted for. Sometimes it will appear that an account hasn’t been disclosed and those statements will be requested. Other times the parties may need to update their account statements, if the litigation is continuing. Discovery is a very useful process when used correctly. However, it can also be an expensive process if the parties are non-compliant, or, if there are many accounts that have to be reviewed. Overall, discovery is an important process that all divorcing parties need to go through at some level in order to be certain that the divorce agreement they are entering in to is not unconscionable, whether it is turning over a 13.3.1 disclosure and pay stubs, or turning over years of bank account statements. Our attorneys are seasoned in discovery collection and issuance, and if you are uncertain about your and your spouses’ assets and are going through a divorce, call our attorneys to set up a consultation.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870