St. Charles Divorce Subpoenas Attorneys

Subpoenas Lawyers Serving Kane County

Contested divorces have many moving parts. One of the most important parts is establishing the facts of the marriage, particularly in regards to marital property and property division. Assets cannot be properly and equitably divided if they are not all identified and valued. When the other party is not cooperative with producing financial documents, has allegedly hidden assets or engaged in asset dissipation, or cannot be trusted with full disclosure, subpoenas are often required. Subpoenas can be used to obtain documents from a third party. They can also be used to compel a third party to testify in a deposition or trial.

At the Kane County family law firm of Goostree Law Group, we are experienced in handling contested and high conflict divorces. We know when and how to use the power of the subpoena to obtain the information we need to effectively advocate for our clients.

Subpoenas in Divorce Cases in Kane County

The discovery process is the part of a case when information is gathered and shared between parties. Discovering the essential elements of marital finances is important, and doing so may require documentation from a third party. If you are unable to access certain financial records or do not believe your spouse is being entirely forthcoming about marital assets or other financial concerns, you (or your attorney) can subpoena a third party to obtain the relevant records. Our attorneys can produce a subpoena duces tecum (a subpoena for documents only) directed towards a bank, lender, employer, or any other third party that may have relevant financial records.

In general, the opposing party in a case (your spouse) must be notified of the subpoena as well. By law, subpoenas must be obeyed under penalty of contempt of court. Anyone who objects to a subpoena may file a motion to quash the subpoena. There must be legal grounds to quash a subpoena, however. If the court grants the motion, the subpoena would become invalid. This is rarely done in divorce-related cases, as most divorce subpoenas involve financial documents related to the marriage,and both spouses have a right to this information. If you believe the documents you require are in your spouses' possession (i.e. investment account statements), you can have a notice to produce those documents issued. By law, your spouse must respond to that notice as well. If your spouse refuses to produce the documents, you can still subpoena them from the appropriate party.

Contact Our St. Charles Divorce Lawyers for Subpoenas

If you are involved in a contested divorce, which may require subpoenaing documents or testimony, contact us at 630-584-4800 to schedule a free consultation. Our attorneys are skilled in handling contested divorces and using the power of the subpoena to establish the facts of a case. Our firm works with clients throughout Northern Illinois, including Kane County and the surrounding counties.

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