Okay, a divorce is coming and you think you have grounds. Before we or any other lawyer can tell you what is fair – in the way of money and kids – we need to know the facts. If you are not completely sure of all of the facts – how much your spouse earns or can earns, what the house is worth or the pension plan, where all the money went; etc. – you can use the court to conduct "discovery." In brief, discovery is the formal process to gather information about your husband or wife, their assets, how much they make, etc. Whatever information might be relevant to your case and would help a judge in making a decision at trial, we gather through discovery. A lot of the process requires your cooperation and some time from you. There are a number of ways of gathering information in the discovery process, and they often require you to work closely with our staff so that we can be sure we are providing you the best possible service and obtaining for you the best possible result.

There are different types of discovery. One thing we almost always do is to send out a list of written questions called interrogatories to the other party. The other side is then required to supply written answers to the questions and must swear that the answers given are true. Another very common discovery method is to send out a request for documents that provide information about the case. These documents are usually things like bank statements, credit card statements, real estate papers, etc.

Often, we will also take "depositions." A deposition is when we sit down with your husband or wife, or perhaps some other person, and ask them questions. We are allowed to ask almost anything in a deposition and the person we are asking questions of (the "deponent") has to give an answer. The deponent is under oath, and his or her answers are taken down word for word by a court reporter and certifies that the written version is what was said by the deponent after being sworn to tell the truth.

We sometimes need to bring in experts to give their advice on particular matters related to the divorce and occasionally it is necessary to call these experts as witnesses should the case go to trial. Some of the types of people we might call on as experts in a divorce case include doctors mental health professionals, accountants and appraisers. We'll be talking more about experts in a little bit.

We also can issue subpoenas requiring production of documents from almost anyone like banks, accountants, real estate brokers – almost anywhere information may be found.

Finally, in a divorce case, one of the most common discovery devices you'll run into – in Cook County anyway – is something called a 13.3 affidavit. This is a detailed financial statement that Cook County courts require you to fill out. It includes information about your income, expenses and your assets.

Remember – it is always your right to have discovery done, and it is always in your best interests that we find out whatever information we can. However, having said that, we are mindful that many of you are looking for a simple, uncontested divorce. Going through the discovery process does cost money and you may only be looking for a peaceful resolution to the whole matter. And it could be you know everything about your spouse and your money or even that you have no money. If that's the case you can waive your right to discovery. In practice this is done frequently in uncontested cases. However, always be aware that discovery is your right when going through a divorce and if you waive that right you are taking the risk that you don't know everything. You may say that the expense and time are not worth it. And we will listen. But you need to know what your rights are. Just make sure that you don't wake up one day regretting not having done what you could have to protect your finances and children.