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Posted on in Divorce

Who Can You Subpoena During Your Divorce?Filing a subpoena for a witness to testify in court is rarely necessary in a divorce case. A subpoena for documents, known as a subpoena duces tecum, is used frequently. Character witnesses were more common before Illinois became a no-fault divorce state, which made it so that couples no longer needed to cite issues such as infidelity as a reason for divorce. Now, financial records are the most vital evidence you can obtain with a subpoena, and documents can give you all the information you need. An experienced divorce lawyer knows who you need to subpoena to find that information.

Your Spouse

When gathering information in preparation for your divorce, you may realize that there are vital documents that you do not have access to, such as:

  • Financial statements
  • Receipts
  • Contracts

Your spouse may possess those documents and would ideally be willing to share them if you ask. If your spouse refuses to share the documents, you can obtain a subpoena requesting the documents, which would force them to comply.

Posted on in Illinois Law

subpoenaA subpoena is a written order for an individual to appear in court. In cases where the divorcing partners can cooperate with each other, subpoenas are often not necessary. But when the parties cannot get along, one party refuses to obey the court's orders, or one party is suspected of hiding assets from the other, the court may use a subpoena to require a divorcing individual to come to hearings and comply with its other requirements.

Receiving a subpoena can be confusing. If you are currently going through a divorce and you have received an order to appear, or your partner is not cooperating with the court and your divorce is becoming drawn out and draining your resources, talk about your subpoena and any related divorce issues with an experienced divorce attorney. A divorce consists of many elements and it can be difficult for an individual to keep track of each piece.

What Can a Subpoena Do?

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