What is the Discovery Phase of a Divorce Proceeding?

 Posted on June 21, 2012 in Family Law

In Illinois, as a filing for dissolution of marriage proceeds, your case will eventually get to the “discovery process.”  This is a legal term that refers to a time when your attorney and your spouse's attorney meet to discuss what information each party has about your case.

You have probably seen on tv a dramatic moment when one attorney gives a revelation during a trial that swings the divorce case on a drastically different course.  In real life, this rarely happens.  The court wants each side of a divorce proceeding to share information as soon and as thoroughly as possible to make the process of dissolution of a marriage as quick and as painless as possible.

Each spouses's attorney will carefully look over the marital estate, to determine how best to divide the assets during the settlement.  If both spouses agree to what the assets are, the discovery process will be in informal one.  But if one spouse objects to what the other presents, then the attorneys will have to follow a formal process that involves review of financial documents by accounting experts.

If the marriage produced children, this is the point where the parties will try to agree on custody and child support issues.  If they agree, then Marital Settlement Agreement will be drafted and presented to the court.  The judge will review it to see if it is equitable, and each spouse will appear before the judge to give a brief testimony.  If the spouses are in agreement, then a divorce decree will be issued.

If the spouses are not in agreement, each attorney is required to appear before the judge hearing the case once a month to give status reports that are called “status hearings.”  The hearings will continue until an agreement is reached between both spouses.

If you are going through a divorce proceeding in Illinois, you need the services of an experienced divorce attorney.  Call our offices today to set up a consultation about your case.