Illinois Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form
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FAQ
Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.
Divorce laws in Illinois allow either party to receive alimony payments (or spousal support/maintenance payments). The court determines the amount of alimony as well as the duration based on numerous factors. Fault and marital misconduct are not among them.
You can certainly make discovery requests that go further back than three years, especially if you have good cause to make such requests. There is nothing that prohibits you from making the request.
What is the discovery phase of a divorce? By definition, discovery is part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side.Discovery can include interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas.
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
SUMMARY: Failure to timely answer discovery or refusal to answer discovery has two important and potentially catastrophic consequences. You may waive your right to object to the discovery even if the other party has no right to the information requested. In other words, you may be forced to give it to them.
You call your lawyer and ask Do I really have to respond to these? And the answer is yes. Discovery is one of the least talked about steps in divorce, but it is often among the most important.You and your spouse both need the same information if you hope to reach agreement on any of the issues in your divorce.
The purpose of discovery is to allow the parties to obtain full knowledge of the issues and facts of the case before trial. Each party to the case will serve varying requests for information (discovery) in order to learn the facts of the case and obtain evidence to be used at trial.
Discovery is the process by which one party requests documents and information from the other party. Discovery can be formal or informal. Family law discovery can be conducted through a voluntary, informal exchange of documents and information.