How Can Subpoenas Help in a High-Conflict Divorce?

 Posted on February 13, 2025 in Divorce

Divorce is rarely easy, but a high-conflict divorce takes challenges to a whole new level. In these emotionally charged and contentious cases, disputes over finances, custody, and assets can quickly spiral out of control. When trust is broken, and one party withholds information, reaching a fair resolution without intervention becomes nearly impossible.

This is where subpoenas come into play. From uncovering hidden assets to securing key witness statements, subpoenas can help cut through the chaos and clarify complex legal battles. If you are going through a high-conflict divorce, an experienced Illinois divorce lawyer can ensure that this legal tool is effectively used to obtain the information you need for a fair outcome.

What is a Subpoena and How is it Used in Divorce?

A subpoena is a legal document that requires a person to provide specific documents or testify in court. Subpoenas are particularly useful in high-conflict divorces where one spouse may withhold financial records, communication logs, or other critical information. By using a subpoena, attorneys can ensure transparency and give the court the information it needs to make a fair decision.

How Do Subpoenas Help in High-Conflict Divorces?

Uncovering Financial Information

One of the most common reasons for disputes in a high-conflict divorce is finances. If you suspect your spouse is hiding assets, underreporting income, or withholding financial details, a subpoena can compel entities like banks or employers to release:

• Bank statements

• Tax returns

• Pay stubs

• Retirement accounts

• Records of significant transactions

Accessing Communication Records

Subpoenas can be used to obtain communication records, including emails, text messages, or phone logs. These records could reveal misconduct, hidden plans, or other behaviors that could impact the divorce proceedings.

Verifying Employment and Business Records

A subpoena can uncover business records or employment information if one spouse owns a business or is self-employed. This can include income verification, business valuations, or records of large transactions that may be relevant to the divorce.

Gathering Witness Testimony

Third-party testimony can help clarify critical issues in contested divorces. A subpoena can require witnesses, like financial advisors or business partners, to testify or provide evidence about critical aspects of the case.

Why Are Subpoenas Important in Family Law Cases?

In high-conflict divorces, trust is often broken, and one spouse may try to hide or manipulate information. Subpoenas help ensure fairness by requiring the release of evidence that may have otherwise remained hidden. This gives the court the full picture needed to make fair decisions. 

Illinois courts also take subpoenas seriously, and failure to comply can lead to legal penalties, such as contempt of court. This enforcement mechanism makes subpoenas a reliable tool for uncovering the truth.

Contact a Kane County, IL High-Conflict Divorce Attorney

If you are involved in a high-conflict divorce, subpoenas can help uncover critical evidence and secure a fair outcome. Whether you need financial records, communication logs, or witness testimony, a St. Charles, IL divorce attorney at Goostree Law Group can help you understand how subpoenas can support your case. Call 630-584-4800 to schedule a free consultation today.