What Is the Discovery Phase of an Illinois Divorce?

 Posted on May 23, 2025 in Divorce

The discovery phase of the divorce process entails the exchange of important information. Most of the information is financial and related to the property division element of divorce. Illinois law requires both spouses to fully disclose financial information during divorce proceedings to ensure the fair and equitable distribution of assets and debts. Consider some basic elements of the discovery process, and talk to a knowledgeable Will County, IL divorce attorney about how it applies to your case.

Is Discovery a Court-Ordered Process in Illinois?

If your divorce is contested, meaning that you and your spouse cannot agree on the main elements of divorce, the court will order discovery. The main elements of divorce include the division of property, the distribution of debt, spousal maintenance, and the allocation of parental responsibilities. In an uncontested divorce where you both agree on the terms, discovery can be voluntary, but this only happens when you can trust each other not to hide assets or intentionally withhold relevant information. Court-ordered discovery is much more formal.

What Is Disclosed During Discovery in Illinois?

The purpose of discovery is to paint a clear picture of where each spouse stands financially. Some information requested from each spouse during the process includes:

• Income and assets

• History of employment

• Insurance and healthcare expenses

• Tax returns

• Investments, including stocks and bonds

• Debts and ongoing expenses

• Information related to children involved in the divorce

• Real estate and other properties

The court will use this information in a contested divorce to make decisions primarily about the equitable distribution of marital assets.

What Types of Discovery Are Common in Illinois?

Illinois statute 625 ILCS 5/18c-2105 outlines the tools commonly used during the discovery process. For example, interrogatories allow both parties to ask relevant questions. The questions are written down, and the law requires both parties to answer them completely while under oath. Typically, you could not have more than 30 questions, but under certain circumstances, the court may permit more.

In addition to interrogatories, depositions are the most commonly used tools for discovery. During a deposition, spouses and witnesses will give statements in person, under oath, and with the attorneys asking the questions. This process is commonly used to clarify any questions that arise during discovery and uncover lies about information regarding the divorce.

Discovery may also include notice to produce, admissions requests, and subpoenas. A notice to produce is a formal request for records and documents that are missing from the initial discovery. An admission request entails providing one side with a statement and asking them to confirm or deny it, and subpoenas can be a useful tool for uncovering hidden assets or getting important information from third parties, such as schools or healthcare facilities.

Contact a Naperville, IL Divorce Attorney for a Free Consultation

Discovery is a significant part of the divorce process, and a DuPage County, IL divorce lawyer from Law Office of Ronald L. Hendrix, P.C. can help you navigate every step of this phase and explain your rights under Illinois law. Discovery can be complex and cumbersome, but we will be with you every step of the way to ensure you feel safe and understood. Call 630-355-7776 to schedule a free consultation and discuss every element of the divorce process as it applies to your circumstances.