Do I Need to Request and Use Subpoenas During My Divorce?

 Posted on October 15,2020 in Divorce

Even if you have the best of intentions going into your divorce, you can still end up going through a contested divorce if your spouse decides he or she will be combative. Many times, you will know when your spouse is going to be difficult about certain issues in a divorce. In some cases, your finances can be the point of contention in your divorce and the source of much of the tension and disagreement. Some people end up needing to use subpoenas during their divorce cases and some do not; the majority of that depends on how cooperative your spouse is when it comes to the discovery process and dividing your assets.

The Discovery Process and the Role of Subpoenas

The discovery process is the formal exchange of financial information between the two spouses during a divorce. In some cases, this process does not even have to happen because both spouses are able to be fair and reasonable when it comes to asset division. However, in most cases, especially complex divorce cases, the discovery process is essential for uncovering all relevant financial information and documents. This is also typically when you or your attorney would request and draft any subpoenas for documents that you may need. You are permitted to subpoena people as well, but it is rare that you need to subpoena a witness in a divorce case.

Situations in Which a Subpoena Can Be Helpful

Not everyone is going to need to request and use subpoenas during their divorce. If your spouse is being cooperative and is complying with your requests for certain documentation or proof of other financial information, you usually do not need to go through the trouble of getting a subpoena. In some situations, however, subpoenas can be useful to ensure your interests are being protected. You may want to consider using subpoenas if:

• Your spouse has failed to respond to or failed to cooperate with requests during the discovery process
• You believe your spouse may be hiding money or other assets from you
• Your spouse has had primary control over the family’s finances during the time you have been married
• Your spouse has not provided enough information or the right information that you have requested

Contact Our Wheaton, IL Complex Divorce Attorneys Today

Once you have reached the asset division stage, it is extremely important that you have an accurate picture of what your financial health looks like. You cannot do this unless you have all of the financial information that you need and sometimes the only way you can get that information is through the use of subpoenas. At the Goostree Law Group, we understand the types of complications that arise out of a high-asset divorce. Our knowledgeable DuPage County divorce lawyers can help. To schedule a free consultation, call our office today at 630-364-4046.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074001750K6

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59