How Are Discovery Tools Used to Find Undisclosed Assets and Income? 

 Posted on November 16, 2022 in Property Division

Divorce involves much more than a couple merely deciding to end their marriage. To complete the divorce, the spouses must address several crucial issues, including the division of their shared assets and debts, child custody, spousal support, child support, and more. Most of these issues involve finances, so one of the first steps in any divorce is to complete a financial disclosure.

The Illinois Marriage and Dissolution of Marriage Act requires both spouses to provide full and accurate financial information to each other and to the court. This is accomplished through the use of a Financial Affidavit, which lists all income, debts, assets, and liabilities. The purpose of the financial disclosure is to give both spouses and the court a complete picture of each person's financial situation so that an equitable division of property can be achieved and support orders, if any, can be accurately calculated.

Some spouses are less than forthcoming with financial information. In cases like these, discovery tools may be used to obtain the necessary information.

Discovery Process During an Illinois Divorce

Discovery is the process by which each spouse can request information and documents from the other. In a divorce, common discovery tools include interrogatories, requests for the production of documents, and depositions.

• Interrogatories are written questions that must be answered under oath. They can be used to ask about income, debts, assets, and other financial information.

• Requests for the production of documents can be used to ask for copies of bank statements, tax returns, credit card bills, and other documents that may contain financial information.

• Depositions are formal questioning sessions during which a spouse can be questioned under oath about his or her businesses, investments, income, assets, expenses, and more.

Subpoenas may also be used in a divorce case involving suspected financial dishonesty. A subpoena is a court order requiring a person to appear in court or to produce certain documents. For example, a subpoena may be used to require a spouse to produce bank records or tax returns. A subpoena duces tecum is a specific type of subpoena that orders a person to appear in court with certain documents.

Contact Our Kane County Divorce Lawyer for Help

Divorce is already complicated but it becomes even more complex when spouses are unwilling to be forthcoming about their finances. If you are going through a divorce and your spouse is hiding assets or income, our knowledgeable St. Charles, Illinois divorce attorney can help. Call Goostree Law Group at 630-584-4800 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000