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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.
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official Illinois guidelines are not appropriate, the court considers the financial resources and needs of the child, the standard of living the child would have enjoyed if the marriage had endured, the physical, emotional, and educational needs of the child, and the financial resources, needs, and obligations of both the non-custodial and the custodial parent. Support payments may be ordered paid directly to the court.
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