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posted on 5/28/15

Filing for divorce is a decision that will affect nearly every aspect of your life. When you do choose to file for divorce, the ensuing legal process may become quite complex. No divorce is ever “simple,” and it can lead to challenging legal issues. Often, an important part of many cases is recovering information through the process of discovery and depositions. Your attorney can use what is gained during a deposition to help in the resolution of your case. Like other matters in divorce, discovery is an in-depth, technical legal process that is best handled by an experienced family law attorney. Be sure to contact a local, reputable attorney before beginning this process.

The Deposition Process

Discovery is a legal process that helps parties in a divorce gain necessary information. Part of the discovery process can include depositions. A deposition is essentially sworn testimony provided outside the courtroom. During a deposition, the opposing counsel asks questions related to divorce. If your spouse’s lawyer summons you for a deposition, he or she will be in charge of the questioning process. That is, your spouse’s lawyer will ask questions that you must answer truthfully, under oath. Your lawyer will be present, and can object to certain, impermissible questions if necessary. However, you may be required to answer questions about sensitive topics, such as your sexual relationship with your spouse, your finances, and your health. Your lawyer can help you decide whether it would be helpful to summon your spouse for a deposition, during which your lawyer would level such relevant questions.

How Can Deposition Impact My Divorce?

It is hard to overstate the importance of discovery. Obviously, spouses will likely be less than willing to share pertinent information during a divorce. However, you will need to know about your spouse’s income, his or her employment, and other private matters. The most reliable way to obtain this information is through discovery.

The discovery process, including depositions, is not optional. Hence, when a party submits formal discovery requests or a deposition summons, the opposing party is legally obligated to respond fully and honestly.

Often, the information needed is related to financial matters or child custody disputes. These are common, major issues in most divorce cases. What is uncovered through discovery can provide parties with the material needed to reach resolution either through an out-of-court settlement, or, if needed, through litigation and trial.

Contact a Schaumburg Divorce Attorney

For years, our skilled Schaumburg family law attorneys have helped residents of the greater Schaumburg area with divorce and other family law matters. If you are contemplating divorce, are already involved in a divorce, or are facing another family law dispute, please contact us today. During your free initial consultation, you will have an opportunity to discuss the details of your case with a practiced Illinois lawyer. Call our Schaumburg office at 847.577.8700 to schedule your free appointment.