Anderson & Boback Logo

Discovery of Documents from Subsequent Spouses

Categorized as Divorce Litigation

Parties who divorce or otherwise separate in family law cases oftentimes will remarry, or cohabit with new significant others. This can mean some financial comingling as they establish new joint accounts, file joint tax returns, take out joint credit cards, and the like. When their finances are intertwined, it could subject them to later discovery in subsequent actions, which aren’t necessarily their own cases.

For example, Let’s say a Husband and Wife divorce, and Husband subsequently marries a new wife. They maintain separate bank accounts except for two joint accounts. They file their taxes jointly and they have at least one joint credit card. Let’s then assume that Husband returns to court in his initial divorce case on child support related issues, such as his ex-spouse filing a motion to increase child support. Any and all information which contains or may lead to information relevant to a modification of child support suddenly becomes “discoverable” in their case. While his wife has no legal obligation to pay support for his children from his prior marriage, some of her assets and income are discoverable by default. Since Husband’s tax returns are discoverable, and they filed jointly, her taxes suddenly could be made discoverable in her Husband’s post decree litigation case for child support. Same thing goes for her joint bank accounts and joint credit card with her husband. However, her accounts which she maintains in her own name, and not as joint accounts with her husband, likely would not be discoverable.

This is why it is important that parties who marry people who were involved in a parentage/child support or prior divorce truly understand the implications of joint tax returns and joint accounts before establishing all of these joint finances.

Was this information helpful?

You May Also Like

When a couple is considering a divorce, oftentimes there is a discussion about the house and who will live there during the divorce process.  Whether it is rented or purchased, some people decide that they would like to remain living…

Typically, you’d want to avoid a default when you are going through a divorce in Chicago because if not, then the way your marital estate is divided is out of your hands. Recently a client hired us to help her…

Spousal support is often a contentious issue in marriages that are substantial in length, where one spouse has outearned the other spouse.  Spousal support (formerly called alimony and often referred to as maintenance) is the payment of money from one…

There is a lot of disagreement about vaccinations for children and the argument between parents with differing views on this subject is not a new one.  Illinois family law attorneys representing parents in this type of disagreement have worked throughout…

There are many things that parents do when they are going through a separation from a partner or a divorce where a parent could lose custody - or impact their rights to make decisions for their minor children going forward,…

In my experience as a Chicago divorce attorney, when it comes to which spouse initiates a divorce in a marriage it is more often the wife.  Of course, there are plenty of husbands who file for divorce but in a…

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

Why Choose

Schedule a Discreet Consultation Today!

    Firm Overview

    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