What is Discovery?

dupage-county-divorce-discoveryAnswer: The discovery stage of a lawsuit starts to happen within a month or so of the original filing of the case. It is the second stage of litigation.

When the case is filed, certain allegations are made regarding the rights of the person that files. The other party files a Response to these allegations that typically denies that the filing party is entitled to everything they are asking for.

When one party claims entitlement and the other party denies the entitlement, the case is at issue. The original pleadings flush out the issue that will be determined by the court.

The discovery stage is where each party gets find out what proof the other party has to back up their position. It is also where you get to find out exactly what the other party will say at the trial, so there will be no surprises.

The court has rules in place to require the sharing of this information. Discovery may occur by various methods, e.g., depositions, interrogatories, notices to produce documents, exchanging of financial affidavits, subpoenas served upon third parties, etc.

The discovery stage in divorce can often be lengthy and costly, depending upon the complexity of the issues and the willingness of the parties to comply promptly with the discovery requests made upon them.


We welcome hearing from you and we invite your questions. There is no obligation. No one will ever know that we spoke or what we discussed. Everything you say is privileged, confidential, and completely classified. We do not maintain a mailing list and will not contact you unless you ask us to.

Calling us is easy. Ask for Richard or Kari (Oak Brook 630-928-0600), or email us at jk@illinoislegal.com or kc@illinoislegal.com.

If we are in court or in a meeting when you call, one of us will personally get back to you as quickly as possible. We are extremely discreet with callbacks and reply emails. Just leave your name and a secure email address or personal cell phone number.

Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 70 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.

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