For spouses who have begun the divorce process, the road ahead can seem long and incomprehensible. The many stages, endless negotiations, and the need to decipher legalese can be challenging and frustrating. Although you may be familiar with the process of filing for divorce and understand what it means to negotiate, there is one stage of divorce that stumps many people: Discovery. In this blog, we will cover some important facts about discovery so you know what to expect when it is time for yours.
Most Divorces Do Not Have a Discovery Phase
If you have been stressing over the discovery process, take a breath - you may not even need to go through it. Discovery is reserved for contested divorces where spouses dispute the facts. Because Illinois family courts encourage divorcing couples to resolve their differences through mediation or collaborative divorce, most couples can come to an agreement without needing the discovery process at all. In a non-contested divorce, spouses will freely share information with their attorney and both parties will agree as to the facts of the case.
Discovery to Meant to Facilitate Negotiations
Discovery allows both spouses and their attorneys to get the evidence they need so they can address disputed issues transparently and fairly. Although spouses may resist sharing important information, discovery makes it possible to get necessary documents because there are legal consequences for failing to comply. Most of the discovery process is about finances, and once both parties have a complete picture of each other’s financial situation, fair negotiations can proceed....