What is discovery in an Illinois divorce?

Discovery is the formal process of obtaining information from the other party in your divorce. It includes written questions (interrogatories), document requests (requests to produce), in-person questioning (depositions), and third-party document demands (subpoenas). Discovery helps you uncover assets, income, debts, and other information needed to resolve your case.

How long do you have to respond to discovery in Illinois?

Under Illinois Supreme Court Rule 213, you have 28 days to respond to written discovery (interrogatories and requests to produce). This deadline runs from the date of service. The parties can agree to extend this deadline, and courts often grant reasonable extensions upon motion.

What happens if my spouse ignores discovery requests?

If your spouse fails to respond to discovery, you can file a Motion to Compel asking the court to order them to respond. If they still refuse, the court can impose sanctions including striking pleadings, barring evidence, or holding them in contempt. Courts take discovery obligations seriously.

What documents should I request in divorce discovery?

Common discovery requests include: tax returns, bank statements, investment account statements, retirement account statements, business records, real estate documents, credit card statements, loan documents, employment records, and communications about assets or affairs. A comprehensive discovery plan depends on your specific case.

Can I subpoena bank records directly from the bank?

Yes. Illinois Supreme Court Rule 204 allows you to issue subpoenas duces tecum to third parties like banks, employers, and financial institutions. You must give the other party notice of the subpoena. This is useful when you suspect your spouse is hiding assets or providing incomplete information.

Discovery in Illinois Divorce | Interrogatories, Depositions & Subpoenas

What is Discovery?

Discovery is the legal process of obtaining information from the other side in your divorce case. Think of it as a legally-enforceable investigation. Your spouse is required by law to answer your questions and produce documents you request—and vice versa.

In Illinois divorce cases, discovery is how you find out about your spouse's income, assets, debts, and behavior. Without discovery, you're relying on what your spouse voluntarily tells you. That's often incomplete at best, and deliberately misleading at worst.

Types of Discovery in Illinois Divorce

Interrogatories

Written questions the other party must answer under oath. Governed by Illinois Supreme Court Rules 213 and 214.

30 questions maximum (can request more with leave of court)
28 days to respond
Answers are sworn statements

Requests to Produce

Demands for documents, electronically stored information, or tangible things. The workhorse of financial discovery.

Tax returns, bank statements, investment accounts
Business records and financial statements
Electronic communications (texts, emails)

Depositions

In-person questioning under oath, recorded by a court reporter. Critical for complex cases with disputed facts.

Can depose parties, witnesses, and experts
Creates sworn testimony usable at trial
3-hour limit per deposition (absent agreement)

Subpoenas

Court orders directing third parties (banks, employers, etc.) to produce documents or testify.

Subpoena duces tecum: for documents
Subpoena ad testificandum: to testify
Must give opposing party notice

Discovery Timeline in Illinois

1

Case Filed

Discovery can begin after the case is at issue (responsive pleading filed or default entered). Many attorneys serve discovery with initial pleadings.

2

Written Discovery Served

Interrogatories and requests to produce are typically served together. The 28-day clock starts on the date of service.

3

Responses Due (Day 28)

Responses must be served within 28 days. Extensions are common but should be documented in writing.

4

Depositions Scheduled

After document review, depositions are scheduled to question parties and witnesses. Typically 2-4 months into the case.

5

Discovery Closes

The court typically sets a discovery cutoff date, often 30-60 days before trial. No new discovery after this deadline absent court order.

What If They Won't Cooperate?

Incomplete or Evasive Responses

If your spouse provides incomplete or evasive answers, you can file a Motion to Compel asking the court to order full responses.

Motion to Compel

Asks the court to order the other side to respond. Usually granted if discovery requests are proper. Can include request for attorney's fees.

Discovery Sanctions

For repeated non-compliance: striking pleadings, barring evidence, adverse inferences, contempt of court, and money damages.

Need Help With Discovery?

Strategic discovery uncovers hidden assets and exposes lies. Defensive discovery protects your legitimate interests. Both require experience.

Schedule Consultation (847) 260-7330