How Are Subpoenas Used in Illinois Divorce Cases?

 Posted on February 28, 2022 in Divorce

In an ideal world, parties in a divorce case would be cooperative and respectful. They would freely disclose financial information, hand over necessary documents, and negotiate divorce issues in good faith. Unfortunately, this rarely happens. Divorcing spouses and other relevant parties in a divorce may sometimes refuse to cooperate with requests. In this case, the court may issue a subpoena that requires the party to take certain actions.

What Is a Subpoena?

A subpoena is a court order requiring a party to do something under penalty of law. Ignoring a subpoena can lead to charges for contempt of court. Failure to comply with a subpoena is punishable by hefty fines and even jail time. Often, subpoenas force a party to provide evidence or testimony in a court case.

Why Are Subpoenas Used During Divorce?

In the context of divorce and family law cases, subpoenas are sometimes used to compel a spouse or other party to provide some type of information that is relevant to the case.

Consider the following examples:

Spouse A believes that Spouse B is hiding income and assets by failing to report these assets. Complete, accurate financial disclosure in a divorce is crucial. The court may use a subpoena to force the spouse to deliver financial documents like tax returns or bank statements.

A divorcing couple with children is fighting over who should get the majority of parenting time with the children. The father claims that the mother has physically and verbally abused the children. The child’s babysitter has witnessed this abuse on several occasions but does not want to testify in court. In this situation, the court may issue a subpoena that orders the babysitter to appear in court and provide testimony under oath.

Subpoenas are just one of many tools divorce lawyers use to obtain evidence and testimony in a divorce case. Discovery tools like requests for production, interrogatories, and depositions are also used to gather information during a divorce.

Contact a Kane County Divorce Lawyer

At Goostree Law Group, our team of accomplished Wheaton divorce attorneys have a wide range of experience and skills. We provide dependable legal guidance and representation in disputes involving marital property division, child custody, child support, alimony, and more. If we cannot resolve your dispute through out-of-court negotiations, we are fully prepared to advocate for you at trial.

Call our office today at Goostree Law Group and set up a free, confidential initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021500050K403