What to Know about Subpoenas in an Illinois Divorce

 Posted on February 15, 2024 in Divorce

When a couple goes through a contested divorce, it means that the spouses are not in agreement about some aspect of the divorce settlement. When this happens, evidence must be gathered from both parties so that the relevant authorities can make a decision based on fact. If either spouse is unwilling to hand over information that they are asked for, a subpoena might be used to compel them to do so. If you have questions about the role a subpoena might play in divorce, a knowledgeable Kane County, IL divorce lawyer can explain further.

What Does a Subpoena Mean in Divorce Proceedings?

A subpoena can be issued by the court or a lawyer and can be issued to individuals, organizations, or other entities that might have information relevant to a case. It legally requires the recipient to provide documentation or other information. Upon receipt of a subpoena, the recipient is legally bound to respond by either providing whatever was requested or appearing in court. Failure to comply can result in the recipient being held in contempt of the court and possibly even facing criminal charges.

In divorce cases, subpoenas are primarily used for financial issues. To establish each spouse’s financial capabilities and needs for the purpose of drawing up a reasonable divorce settlement, a subpoena might be used to obtain financial information from a spouse’s bank, employer, investment firm, financial advisor, or anyone else with information pertinent to the case. Subpoenas are also used when either spouse is suspected of hiding assets. If mental health issues are in question, a subpoena might be used to obtain documentation or testimony by doctors or other therapists. In short, a subpoena is used to ensure that the courts are given as realistic and thorough an understanding as possible of the spouses’ circumstances.

Schedule a Free Consultation with a Kane County, IL Divorce Attorney

If you are considering divorce and have questions about how a subpoena might be used, an experienced St. Charles, IL divorce lawyer can get you some answers. At Goostree Law Group, we understand that this can be a confusing and stressful time, and our team of professionals is passionate about providing our clients with the information they need so they can protect their rights. Call 630-584-4800 to schedule a free consultation.