Discuss Your Divorce With a Divorce Lawyer Chicago
When a divorce petition is filed and temporary orders are entered (if requested and appropriate), the discovery process begins. The discovery process refers to the exchange of information and evidence between the two parties so that each has access to important information necessary to prepare for mediation and/or trial. One of the chief tools in the discovery process is the interrogatory.
Description of the Interrogatory
Interrogatories are written questions that the other party must answer truthfully and honestly. The other party is required by law to answer these questions as fully as possible, and the answers provided become binding on the answering party. For example, if the interrogatory asks the party to name all the credit cards or debts he or she has in his or her name, the answering party cannot give one answer in the interrogatory and another answer at trial (without providing evidence as to why there is a difference). In such a case, the party would be bound by his or her answer in the interrogatory. Not only this, but the answering party has an ongoing duty to update his or her interrogatory answers if new information becomes available.
What Interrogatories Should I Ask?
You are only permitted to ask the opposing party a certain number of interrogatories, so it is important that you make your interrogatories meaningful. Typical questions that are asked in interrogatories in divorce cases include:
- A list of all of the assets owned by the party, how it is owned, the value of the asset, and any encumbrances on the asset (this includes household goods);
- Any interest the answering party has in any business, the extent of the party’s investment, the name of the business’s officers, directors, and shareholders/owners, and whether there is any buy-sell agreement or restrictive sale agreement;
- What areas of disagreement exist between the asking party and the answering party over child-raising decisions, including (but not limited to) discipline, education, religion, and other similar areas;
- Any transfers of real or personal property the answering party have recently made, including the details of the transfer, and to whom the property was transferred;
- Employment information, including current employment, current pay rate, employment history, and any health insurance policy the party has in place for him- or herself and his or her children.
- Recent tax records and tax preparatory statements, along with the names and contact information of accountants or others who helped prepare these statements.
Obtain Help in Conducting Discovery
Arami Law’s team of experienced Cook County family law attorney know how to make the best use of the tools of discovery. We can also provide you with the assistance you need to accurately answer interrogatories that are posed to you without committing yourself to an answer that will haunt you during your divorce proceeding. The sooner you contact our firm, the more effective your divorce discovery will be. Call our firm at (312) 584-6355 or contact us online.