Des Plaines and Hoffman Estates Law Firm Frequently Asked Questions Video
What is the discovery process during a divorce?
Often I get asked, ” What is the hardest thing about a divorce case and what takes the longest?” That is usually answered by discovery. You are asking, “What is discovery?”
Discovery is the formal process in which the attorneys exchange questions and documents between themselves in order to make a determination as to numerous things. The finances of the parties, how property will be divided between the parties. Even children, and what will the parental allocation agreement look like between the parties.
Discovery is a formal process in which under Supreme Court Rules 213 and 214, we issue what we call marital interrogatories, which are a fixed amount of questions that are asked of the other party in a formal process. The other process is a request to produce documents, which is documents like credit card statement, bank accounts, retirement accounts. Could be anything and everything pertaining to the finances. Any loans that the party may have made to a third person. Any money that may be owed to that individual.
So it’s producing a lot of documents, whether it’s tax documents, business documents, titles to cars, boats, planes, whatever it could be. That’s all done through the process of discovery and discovery is the most expensive part of a person’s divorce case because it takes the longest to put that together.