Divorce and the Discovery Process: What to Know

When you’re getting divorced, you need to know everything about your spouse. This includes assets, liabilities, and other, vital information that’s necessary to divide property like bank accounts, the marital residence, and more.

This is where a process called discovery comes in.

The discovery process typically begins soon after the divorce is filed. Below, we’ll discuss the various types of discovery that may be filed in your case, what you’re expected to provide, and other details you should know.

What Types of Discovery Should I Expect?

When you get divorced, your spouse’s attorney may file one or more discovery requests, depending on the unique issues of your case. These requests may include:

  1. Depositions – Depositions are question and answer sessions conducted with your spouse’s attorney, though your attorney will also be present. Your spouse’s attorney will ask you questions about you, your finances, and anything else that is relevant to the case. This interview is recorded and your attorney will receive a transcript of the questions and answers.
  2. Interrogatories – Marital interrogatories are also questions that you must answer, but these are written. These will largely be about the same topics as the questions asked in a deposition, but your spouse’s attorney is limited in how many questions they can ask.
  3. Requests for Production – Requests for production are also common in divorce. You may be requested to produce bank statements, the title to your car, mortgage statements, retirement accounts, and other assets that will be subject to division in your divorce.

There is a method as to why an attorney would use any of these forms of discovery. After all, some are more common than others. And, if your divorce is straightforward and you have few assets, you may come into very little contact with any of these types of discovery.

What am I Expected to Provide? 

The beauty of having a Naperville divorce lawyer in your case is that you won’t be doing much work when it comes to discovery requests. Your attorney will answer the requests by providing what is asked for – for example in a request for production – or providing answers to the interrogatories. However, you should also note that if you must produce documents, you’ll need to sift through your records to provide the same to your attorney.

It’s in your best interest to do a thorough job, too. Discovery can be quite an expensive process and, if you aren’t on top of what your attorney needs, you’re only going to cost yourself more time and money.

Contact a DuPage County Divorce Attorney

Discovery is common to many cases, but not all. If you’re worried about navigating the trials and tribulations of discovery, along with the rest of what your divorce might entail, contact Larry at Lawrence R. Surinak Ltd.

Larry has over 36 years of experience in navigating divorce and its many processes, including discovery. Contact him today at 630-470-9990 to take advantage of your free, 30-minute consultation. Or, if you prefer, you may request your consultation online and we will contact you shortly.

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