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What is Discovery in a Divorce Case?
Discovery is a legal way to find out information, and obtain documents relative to representation of a client.
In many situations, a client may not have all relevant information in regard to the finances or other issues, pertaining to a spouse.
Discovery allows for answers to be posed to the other spouse, not to mention, requesting the other spouse to produce information and/or documentation, which allow for review and consideration, including in regard to analyzing relevant facts, and strengths and weaknesses, of any positions in the case.
The theory of liberal discovery is that through same it tends to eliminate the element of surprise and may assist in promoting settlement so that more cases are resolved by agreement as opposed to being tried. Discovery can include written questions, matrimonial interrogatories and obtaining documents, which is a Request to Produce, as well as depositions which are oral statements given before a Court reporter.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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