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DuPage County family law attorneysEven if you have the best of intentions going into your divorce, you can still end up going through a contested divorce if your spouse decides he or she will be combative. Many times, you will know when your spouse is going to be difficult about certain issues in a divorce. In some cases, your finances can be the point of contention in your divorce and the source of much of the tension and disagreement. Some people end up needing to use subpoenas during their divorce cases and some do not; the majority of that depends on how cooperative your spouse is when it comes to the discovery process and dividing your assets.

The Discovery Process and the Role of Subpoenas

The discovery process is the formal exchange of financial information between the two spouses during a divorce. In some cases, this process does not even have to happen because both spouses are able to be fair and reasonable when it comes to asset division. However, in most cases, especially complex divorce cases, the discovery process is essential for uncovering all relevant financial information and documents. This is also typically when you or your attorney would request and draft any subpoenas for documents that you may need. You are permitted to subpoena people as well, but it is rare that you need to subpoena a witness in a divorce case.

Situations in Which a Subpoena Can Be Helpful

Not everyone is going to need to request and use subpoenas during their divorce. If your spouse is being cooperative and is complying with your requests for certain documentation or proof of other financial information, you usually do not need to go through the trouble of getting a subpoena. In some situations, however, subpoenas can be useful to ensure your interests are being protected. You may want to consider using subpoenas if:

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