What Is the Discovery Process in an Illinois Divorce?

 Posted on July 28, 2025 in Child Custody / Parental Responsibilities

Going through a divorce can be emotional, stressful, and confusing, especially when it comes to understanding the legal procedures involved. One of the most important parts of any Illinois divorce case is the discovery process.

Discovery allows both spouses to gather and exchange necessary information to ensure fair decisions on issues like property division, the allocation of parental responsibilities, and spousal maintenance. This exchange is the key to reaching a fair divorce agreement. A knowledgeable Chicago, IL divorce lawyer can help guide you through this phase and protect your rights.

What Is Discovery During Divorce Proceedings?

In Illinois, discovery is a legal process used to collect evidence and information from the other spouse. This step is important because each party needs access to accurate and complete facts to properly evaluate settlement offers or prepare for trial. Discovery ensures transparency and prevents surprises in court. It can be informal, such as voluntary exchanges of documents, or formal, which involves a series of legally binding requests.

Elements of the Discovery Process During an Illinois Divorce

The discovery process includes several different tools that attorneys use to uncover relevant details about income, assets, debts, and more.

Requests and Disclosure

Each spouse must provide mandatory disclosures early in the process. Under Illinois Supreme Court Rule 213(f), both parties are required to share the names of witnesses and other evidence they plan to use in court. These disclosures help both sides prepare for settlement negotiations or trial.

Interrogatories

Interrogatories are written questions one spouse sends to the other. The person receiving them must respond truthfully and completely. These questions often focus on employment, bank accounts, investments, and other financial details. According to Illinois Supreme Court Rule 213, the answers are legally binding and may be used at trial.

Admissions of Fact

A request for admissions asks the other party to confirm or deny specific facts. For example, a spouse may be asked to admit to owning a particular account or receiving certain income. If the request is not answered in time, the court may treat it as admitted.

Requests for Production

Requests for production involve asking for physical documents or records such as pay stubs, tax returns, mortgage statements, and more. Under Illinois Supreme Court Rule 214, these documents must be turned over if they are relevant to the case.

Deposition

A deposition is an interview where someone answers questions under oath before a court reporter. It allows attorneys to learn how a witness may testify and to preserve that testimony for trial.

Subpoenas

Sometimes, information must come from third parties like employers, banks, or accountants. A subpoena is a court order requiring those parties to provide documents or appear to testify. This is especially useful if a spouse is trying to hide assets or income. In Illinois, 735 ILCS 5/2-402 allows parties to designate these third parties as "respondents in discovery," requiring them to comply with formal discovery requests, even if they are not named in the divorce case.

Schedule a Free Consultation With a Cook County, IL Divorce Attorney Today

At The Law Office of George J. Skuros, we believe it is important for our clients to have realistic expectations. Attorney George J. Skuros has handled a wide range of family law issues and has over 30 years of legal experience to offer. One priority is to educate you about the issues at hand and the legal processes involved so that you know what to expect, and our five-star Google rating testifies to our commitment to achieving the best possible outcomes for our clients. Call 312-884-1222 and schedule a free consultation with our Chicago, IL divorce lawyer today.