How to Use a Subpoena to Your Advantage in Divorce

 Posted on January 16, 2019 in Family Law

Divorce is a stressful time for everyone involved. Emotions and tensions rise anytime anyone delves into the often uncomfortable, intimate details of their own personal life and finances, let alone a legal team. Additionally, the stakes of divorce are high, which increases defensive responses. When someone becomes defensive, they begin to behave in such a way as to better their potential outcome. In divorce, this often leads to concealed information, purposeful misrepresentation of a situation, and uncooperative third parties.

Find out how a subpoena can help uncover the truth you know is out there:

What Is a Subpoena?

In Latin, subpoena means, “under penalty.” In legal terms, a subpoena is a legal document that forces the participation of either your spouse or a neutral third party with evidence regarding your divorce. This document is issued only by an attorney or a clerk of court and must be served to all involved parties. If a party opts to ignore the order, they risk being held in contempt, which is punishable by civil fines and criminal charges.

Forms of Subpoena

The issuance of a subpoena does not necessarily require the recipient appear in court to deliver testimony, although this is one popular option. The document can also require the recipient to turn over relevant documents or appear in court with the papers in hand. Whereas the personal appearance typically clears up any disputes and offers insight, documents are tremendously useful in information discovery. Potential materials include:

• Credit reports,
• Personal papers,
• Business records,
• Medical records,
• Under-the-table income,
• Employment history,
• Police reports,
• Bookkeeping documents,
• Bank statements, and
• Investments.

Ask a Proven DuPage County Lawyer

Do you suspect your spouse of hiding pertinent information for your divorce? Subpoenas are incredibly useful for resolving family law disputes. If you need to force participation or received a subpoena yourself, a Hillside, IL divorce attorney can answer your questions and provide direction to increase the likelihood of a successful outcome. The experienced attorneys at the Law Office of Martoccio & Martoccio understand that no two cases are the same. Allow one of your senior trial lawyers to handle your case personally and give you answers when you need them. Call us today at 630-920-8855 to schedule your free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1867

https://www.hhs.gov/hipaa/for-individuals/court-orders-subpoenas/index.html