What is the Discovery Period in an Illinois Divorce? 

 Posted on March 25, 2022 in Divorce

 Divorce in Illinois is often a long process made up of many different parts that can each have their own confusing legal terms. Even for couples who try their best to work together and communicate clearly, divorce can feel stuffy and complicated and couples may feel frustrated that their private information suddenly feels very public.

One of the areas people commonly have questions about is the process of discovery, which is one of the most notorious elements of courtroom dramas. Fortunately, divorce discovery tends to be much more boring and straightforward than it might seem on TV. If you are getting divorced and have questions about the divorce process, an experienced divorce attorney can help you get answers to your questions.

What is the Purpose of Discovery?

For couples who do not agree on factual issues in their divorce, the discovery process allows attorneys to trade information back and forth to facilitate compromise between the spouses or prepare for courtroom litigation. Many couples never even need to use the discovery process because they can resolve disputes in mediation or between each other without professional help. But for couples who deal with issues like hidden income or assets, domestic violence, or when one parent alleges their spouse is unfit to be a parent, discovery is useful and necessary because it allows each spouse’s attorney to gather information they can then use to present an argument before a judge.

How Long Does the Discovery Period Take?

Discovery can be over quickly or it can take many months - it all depends on how cooperative spouses are and how complicated the divorce is. Sometimes financial documents take weeks to prepare and nobody is at fault for delays. Other times, spouses are uncooperative and act unethically, either because they are trying to hide financial information or because they hope to make divorce more difficult or more expensive for the other party.

What if I Do Not Want to Give My Spouse Certain Information During Discovery?

As long as there is a good reason for requesting information, spouses generally have to comply with discovery requests. Lying, hiding information, or otherwise acting dishonestly can have serious consequences if you are caught - and most spouses who do this are caught.

If you are worried about handing over sensitive information because you worry that your spouse may leak trade secrets about your business or share other damaging information, you can request that a judge order certain information be kept private. Communication that is protected by attorney-client privilege cannot be requested during discovery.

Talk to an Experienced Arlington Heights Divorce Attorney

At A. Traub & Associates, we do our best to make getting divorced an experience that feels manageable and safe. Our skilled Arlington Heights divorce lawyers provide a friendly, comfortable office environment so you can ask questions and feel seen and understood. We take your preferences into account and will create a divorce roadmap that works for you. Call us today at 847-749-4182 to schedule your confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000