How Are Subpoenas Used in a Divorce Case?

 Posted on June 08, 2023 in Divorce

Contested divorce cases are those in which the spouses disagree about one or more divorce issues. Disagreements about how marital property should be distributed between the spouses or who should have the majority of the parenting time with the children are just some of the circumstances that can lead to a contested divorce case.

Gathering relevant evidence from the parties is a crucial aspect of a contested divorce case. If the spouses are not willing to provide information voluntarily, various legal tools may be used to gather the necessary information, documentation, or testimony. Subpoenas are one such legal tool used in a divorce case. 

What is a Subpoena?

A subpoena is a legal summons, issued by a court or lawyer, that requires someone to provide information or documents relevant to a legal case. Subpoenas can be issued to any person or entity with information pertinent to the case. For instance, in a divorce case, one spouse may subpoena financial documents from the other spouse's employer or bank.

The recipient of a subpoena must respond to it by providing either the information or documents requested in the summons, or appear in court to testify. If a person willfully fails to comply with the subpoena, they may be found in contempt of court and face criminal charges.

Subpoenas in a Kane County Divorce

In divorce cases, the primary purpose of a subpoena is to obtain financial records from third parties such as employers, financial institutions, or investment firms. The subpoenaed documents provide evidence that can help a court decide issues such as spousal support, child support, or property division.

If either spouse believes the other spouse has been hiding assets, a subpoena may be used to obtain bank statements or other financial records. A subpoena can also be used to obtain the testimony of third parties, such as doctors or therapists, if mental health issues are an issue in the case.

Contact Our St. Charles Divorce Lawyers for Help

When divorcing spouses disagree about the division of marital assets, allocation of parental responsibilities and parenting time, spousal maintenance, child support, or other divorce issues, the situation can get quite complicated.

If you are facing a difficult divorce issue, know that you do not have to handle the situation alone. Our experienced Kane County divorce attorneys are equipped to represent you during your divorce case and provide the dependable legal advice you need. Our skilled team is ready to help you with all of your divorce-related needs.

Set up a free, confidential initial consultation by calling our office today at 630-584-4800.

Source:

https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/enforcement/oe-manual/subpoenas