Divorce Discovery in Illinois: Interrogatories, Depositions & Subpoenas

18 min read
By Jonathan D. Steele
Divorce Discovery in Illinois: Interrogatories, Depositions & Subpoenas

By Jonathan D. Steele, Family Law Attorney at Beermann LLP

You suspect your spouse is hiding money. Maybe they've suddenly become secretive about finances, or their reported income doesn't match their lifestyle. In my 20+ years handling complex divorce cases in Illinois, I've seen it all—offshore accounts, unreported cash businesses, cryptocurrency holdings, and elaborate schemes involving family members. The good news? Illinois discovery laws give you powerful tools to uncover the truth. The challenge? You need to know how to use them effectively.

Table of Contents

  1. Understanding Discovery in Illinois Divorce Cases
  2. The Three Pillars of Divorce Discovery
  3. Strategic Use of Interrogatories
  4. Mastering Depositions for Maximum Impact
  5. Subpoena Power: Reaching Third Parties
  6. Uncovering Hidden Assets: A Tactical Approach
  7. Digital Discovery and Electronic Evidence
  8. Discovery Deadlines and Timelines
  9. Common Discovery Mistakes That Kill Cases
  10. When to Bring in the Professionals
  11. Cost-Benefit Analysis of Discovery
  12. Frequently Asked Questions

Understanding Discovery in Illinois Divorce Cases

Discovery is your legal right to demand information from your spouse and third parties during divorce proceedings. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/501, both parties must provide complete financial disclosure. But here's what many attorneys won't tell you: mandatory disclosure barely scratches the surface.

The real power lies in formal discovery tools that can compel your spouse to answer specific questions under oath, sit for depositions, and produce documents they'd rather keep hidden. Illinois Supreme Court Rule 201 governs these procedures, giving you broad authority to investigate "any matter, not privileged, which is relevant to the subject matter involved in the pending action."

Why Discovery Matters More Than Ever

In today's digital economy, hidden assets in divorce have evolved beyond traditional bank accounts. I've uncovered:

Without aggressive discovery, you'll never know what you're missing.

The Three Pillars of Divorce Discovery

Illinois law provides three primary discovery tools, each with unique strategic advantages:

1. Written Interrogatories

2. Depositions

3. Subpoenas

Strategic Use of Interrogatories

Interrogatories are written questions your spouse must answer under oath within 28 days. While limited to 30 questions (including subparts), smart drafting can extract volumes of information.

High-Impact Interrogatory Topics

Financial Holdings: Income Sources: Asset Transfers:

Drafting Tips from the Trenches

After handling hundreds of discovery battles, I've learned that specific, targeted questions yield better results than fishing expeditions. For example, instead of asking "Do you have any hidden accounts?" try "List all applications for financial accounts, whether approved or denied, submitted in the past 3 years."

The key is anticipating evasion. If you suspect unreported income, don't just ask about salary. Request:

Can They Refuse to Answer?

Under Illinois law, your spouse can only refuse to answer if:

  1. The information is protected by privilege (attorney-client, doctor-patient)
  2. The question seeks irrelevant information
  3. The request is unduly burdensome or harassing

However, "I don't want to" or "It's private" aren't valid objections. If they refuse without proper grounds, you can file a Motion to Compel under Supreme Court Rule 219. I've seen judges sanction spouses who play games with discovery, including:

In re Marriage of Kates, 198 Ill. App. 3d 1035 (1st Dist. 1990), established that willful discovery violations can result in severe sanctions, including default judgment.

Mastering Depositions for Maximum Impact

Depositions are where cases are won or lost. Unlike written interrogatories, you can see your spouse's body language, hear their tone, and immediately follow up on evasive answers. In my experience, nothing reveals deception quite like a well-conducted deposition.

Pre-Deposition Strategy

Before scheduling depositions, I always:

  1. Review all financial documents thoroughly - Know their story better than they do
  2. Identify inconsistencies - Compare tax returns, loan applications, and financial affidavits
  3. Prepare exhibits - Have key documents ready to confront them
  4. Plan the sequence - Start with easy questions to establish a rhythm

Key Deposition Questions for Hidden Assets

Opening Foundations: Lifestyle Analysis: Digital Asset Discovery:

The Power of Document Requests During Depositions

Under Supreme Court Rule 214, you can request documents at depositions. This creates powerful moments:

"You testified you have no other accounts. Can you log into your online banking right now and show us?"

"You said you don't use cryptocurrency. Can you open your email and search for 'Coinbase' or 'Binance'?"

Many attorneys miss these opportunities. When someone is under oath, with a court reporter recording everything, they're far more likely to reveal information they've been hiding.

Deposing Third Parties

Don't limit depositions to your spouse. Consider deposing:

In re Marriage of Wojcik, 362 Ill. App. 3d 144 (2nd Dist. 2005), affirmed the broad scope of third-party discovery in divorce cases, particularly when dissipation of assets is suspected.

Subpoena Power: Reaching Third Parties

Subpoenas are your nuclear option—the ability to compel anyone to produce documents or testify. Illinois Supreme Court Rule 204 governs subpoenas, and when used strategically, they're incredibly powerful.

Essential Subpoena Targets

Financial Institutions: Employment Records: Lifestyle Documentation:

Crafting Effective Subpoenas

A poorly drafted subpoena gets you nothing. A well-crafted one can break a case open. Here's my template for financial institution subpoenas:

"All documents relating to any accounts in the name of [spouse], including but not limited to:

Overcoming Subpoena Objections

Banks and employers often resist subpoenas, citing privacy concerns or burden. Under Illinois law, you can overcome these objections by:

  1. Narrowing the scope - Be specific about dates and types of documents
  2. Offering to pay copying costs - Removes the burden argument
  3. Filing a Motion to Compel - Judges typically enforce properly issued subpoenas

In Gulla v. Gulla, 2016 IL App (2d) 150286, the appellate court held that privacy concerns don't override the need for full financial disclosure in divorce proceedings.

Uncovering Hidden Assets: A Tactical Approach

Finding hidden assets requires thinking like a forensic investigator. Here's my proven methodology:

Step 1: Analyze the Financial Affidavit

Look for what's missing:

Step 2: Follow the Money Trail

Every dollar leaves a trace. Focus on:

Step 3: Leverage Technology

Modern discovery includes digital forensics. Consider:

Step 4: Look for Dissipation

Under 750 ILCS 5/503(d)(2), dissipation occurs when a spouse uses marital assets for non-marital purposes during the breakdown of the marriage. Common examples:

The burden shifts to the dissipating spouse to prove the expenditure was for a marital purpose once you make a prima facie showing of dissipation.

Red Flags Indicating Hidden Assets

Through years of practice, I've identified patterns that almost always indicate hidden assets:

Behavioral Changes: Financial Anomalies: Business Tactics:

Digital Discovery and Electronic Evidence

The digital age has transformed divorce discovery. Electronic evidence often provides the smoking gun, but you need to know where to look and how to preserve it.

Sources of Digital Evidence

Personal Devices: Cloud Storage: Social Media:

Preserving Digital Evidence

Before filing for divorce, advise clients to:

  1. Screenshot relevant social media posts
  2. Forward important emails to a secure account
  3. Document digital privacy concerns
  4. Consider cybersecurity services to protect their data

Legal Considerations for Digital Discovery

Illinois follows a "reasonable expectation of privacy" standard. You generally cannot:

However, you can:

In re Marriage of Szesny, 2012 IL App (2d) 111146, established that electronic communications are discoverable if relevant and not privileged.

Discovery Deadlines and Timelines

Timing is critical in discovery. Missing deadlines can waive your rights or give your spouse time to hide assets further.

Key Discovery Timelines

Initial Disclosure: Within 30 days of filing responsive pleadings, both parties must exchange: Written Discovery Responses: Deposition Notice: At least 7 days notice for parties, 14 days for non-parties Discovery Closure: Typically 60 days before trial, though courts can modify

Strategic Timing Considerations

I always front-load discovery for several reasons:

  1. Catches spouse off-guard before they can hide assets
  2. Allows time for follow-up discovery
  3. Enables thorough analysis of responses
  4. Provides settlement leverage early

Don't wait until the last minute. Courts rarely extend discovery deadlines without good cause, as established in relevant Illinois case law.

Common Discovery Mistakes That Kill Cases

After handling thousands of discovery disputes, I've seen patterns of mistakes that cost clients dearly:

Mistake #1: Generic, Boilerplate Requests

Wrong: "Produce all financial documents." Right: "Produce all bank statements, canceled checks, deposit slips, and wire transfer records for accounts at Chase Bank ending in xx1234 from January 1, 2020 to present."

Mistake #2: Accepting Vague Responses

When they respond "I don't recall" or "approximately $10,000," don't let it slide. Follow up with:

Mistake #3: Ignoring Digital Assets

Many attorneys still focus solely on traditional assets. Don't miss:

Mistake #4: Failing to Verify

Trust but verify everything. If they claim an account is closed, subpoena the bank. If they report income, check against:

Mistake #5: Not Using Experts

Complex cases require expertise:

Mistake #6: Discovery Abuse

While aggressive discovery is often necessary, harassment backfires. Judges punish parties who:

Shimanovsky v. Shimanovsky, 2016 IL App (1st) 151180, warned against using discovery as a weapon rather than a tool for truth-seeking.

When to Bring in the Professionals

Knowing when you're out of your depth is crucial. Complex discovery often requires a team approach.

When to Hire a Forensic Accountant

Consider forensic accounting when:

When to Use Digital Forensics

Engage digital forensics experts when:

When to Hire a Private Investigator

Consider investigation services for:

The Attorney's Role

An experienced divorce attorney coordinates these professionals while:

Cost-Benefit Analysis of Discovery

Discovery can be expensive, but consider it an investment. Here's how to evaluate whether extensive discovery makes sense:

When Aggressive Discovery Pays Off

High-Asset Cases: If marital estate exceeds $1 million, spending $50,000 on discovery to uncover $500,000 in hidden assets provides a 10x return. Business Owner Spouses: Self-employed spouses have endless ways to hide income. Thorough discovery often reveals: Suspected Dissipation: If your spouse spent $200,000 on a paramour, proving dissipation means you receive credit for that amount.

When to Limit Discovery

Modest Estates: If total assets are under $250,000, extensive discovery might cost more than you'd recover. Cooperative Spouses: When both parties provide voluntary disclosure, formal discovery may be unnecessary. Clear Financial Pictures: W-2 employees with simple finances rarely justify expensive discovery.

Discovery Budget Planning

I recommend allocating discovery budgets based on estate value:

These percentages include attorney fees, expert costs, and court reporter fees.

Building Your Discovery Strategy

Every case requires a customized approach. Here's my framework for developing winning discovery strategies:

Phase 1: Information Gathering (Months 1-2)

Phase 2: Analysis and Follow-Up (Months 3-4)

Phase 3: Depositions (Months 5-6)

Phase 4: Final Push (Months 7-8)

This timeline assumes a contested case lasting 8-12 months. Simple cases may compress these phases; complex cases may extend them.

Protecting Yourself During Discovery

While pursuing discovery against your spouse, don't forget to protect your own interests:

Document Organization

Communication Discipline

Social Media Awareness

Frequently Asked Questions

Q: What questions can they ask during discovery?

A: Under Illinois law, parties can ask about any non-privileged matter relevant to the case. This includes:

The scope is broad—if it relates to finances, property division, or support, it's fair game. However, purely personal matters unrelated to financial issues (like medical history unrelated to earning capacity) may be off-limits.

Q: Can I refuse to answer discovery requests?

A: You can only refuse to answer in limited circumstances:

Simply not wanting to answer isn't sufficient. If you refuse improperly, the court can:

Q: How do I find hidden assets in divorce?

A: Finding hidden assets requires a systematic approach:

  1. Look for lifestyle discrepancies - If expenses exceed reported income, money exists somewhere
  2. Review tax returns carefully - Compare to financial affidavits and bank statements
  3. Subpoena financial institutions - Don't rely on voluntary disclosure
  4. Check business records - Self-employed spouses often hide income through their businesses
  5. Investigate digital assets - Cryptocurrency, online businesses, and digital payments
  6. Hire forensic accountants - They know where to look and what patterns indicate deception
  7. Use depositions strategically - Face-to-face questioning reveals deception
  8. Follow sudden changes - New accounts, closed accounts, or changed spending patterns
Q: How long does discovery take in Illinois divorce?

A: Discovery typically runs 6-8 months in contested cases but can vary based on:

Courts generally close discovery 60 days before trial, though extensions are possible for good cause.

Q: What happens if my spouse lies during discovery?

A: Lying under oath is perjury—a Class 3 felony in Illinois. Consequences include:

Document lies carefully and bring them to the court's attention through proper motions.

Q: How much does discovery cost?

A: Discovery costs vary widely:

Complex cases can exceed $100,000 in discovery costs, but uncovering hidden assets often justifies the investment.

Taking Action: Your Next Steps

Discovery is too important to handle without experienced guidance. Hidden assets don't reveal themselves—they require strategic, aggressive pursuit within legal boundaries.

If you suspect your spouse is hiding assets or income, time is critical. Every day that passes gives them more opportunity to conceal wealth that rightfully belongs in the marital estate.

At Beermann LLP, I've spent over two decades uncovering hidden assets and securing fair outcomes for clients facing complex financial divorces. From cryptocurrency concealment to offshore accounts, business manipulation to dissipation schemes, I've seen and exposed it all.

Don't let your spouse's deception cost you your fair share. Schedule a consultation today to discuss your discovery strategy. Call me at (847) 260-7330 or book online to start building your case.

Remember: In divorce discovery, what you don't know can hurt you. But with the right strategy and legal team, the truth will surface—and you'll secure the fair outcome you deserve.

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Jonathan D. Steele is a partner at Beermann LLP, focusing on complex financial divorces and high-asset cases throughout Illinois. He regularly lectures on discovery tactics and forensic investigation in family law matters.

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Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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