Discovery During the Divorce Process

The discovery process is the process where the parties exchange the relevant information to the divorce. The Illinois Supreme Court Rules require full disclosure unless the information is privileged, confidential or if production creates an undue hardship. Please be advised that you should never decide if any requested information is privileged or confidential. This decision is made by the attorney. Full disclosure is required to adequately prepare for trial or to effectively negotiate a fair and reasonable marital settlement agreement.

Most counties in Illinois require the parties submit a financial disclosure statement. The comprehensive statement lists all assets/liabilities, income and must include all corroborating documents which support the information contained in the statement. Casey Nelson LLP's divorce attorneys believe that it is vital to include as much documentation as possible which you use to complete the aforementioned statement. This will only enhance your credibility in the eyes of the judge presiding over your case.

The amount and extent of formal discovery depends on the complexity of each case and the level of cooperation of the parties. As such, the parties should adopt a spirit of cooperation with regard to discovery. Failure to comply with the rules or any court order relating to discovery may result in sanctions imposed by the court which may include attorneys fees, costs, statutory interest, an order debarring the offending party from filing any other pleading, a continuance or stay in the proceedings, or a judgment by default be entered.

We welcome you to learn more about the Illinois divorce process or to contact Casey Nelson LLP for a free, confidential consultation about your situation and concerns. Through our divorce practice, we are committed to supporting individuals facing divorce with the sophisticated legal services and personalized support they need.

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