No matter how you feel about getting a divorce, once you have made the final decision, certain steps must be completed. The type of divorce you pursue will affect these steps to some extent. For couples who can agree on everything or agree to mediation when they do not agree, an uncontested divorce may be the best option. For some couples, however, a contested divorce is the only option.
Contested divorces can be messy, long, and expensive. Illinois family courts discourage this whenever possible by trying to motivate spouses to work together on a settlement; unfortunately, it is not always possible. A contested divorce may go all the way to trial but before a trial can begin, there is an important step called discovery. Discovery can be long and complex, so it is important to know as much about it as you can before the process begins.
Before Discovery
In the best case divorce scenario, spouses will be open and willing to exchange information between each other and their lawyers. Sometimes spouses may be willing to share information about some topics, but stonewall about others. Even in a contested divorce, the more spouses can settle together outside of court, the easier the discovery and litigation processes will be. Talking to your spouse (even if just through their attorney) may help you get an idea of what you can expect to confront during discovery.
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