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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.
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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