Legal Question in Family Law in Illinois

In 21 days a divorce trial will take place. The wife and husband have lived apart for over one year. When the wife left the marital residence she took with her the only joint tax return records available to the couple as well as the only cancelled checks and checking acct statements available for their joint checking acct. The husband needs both sets of documents for defense exhibits.

Can he file a notice to produce w/ her atty because the documents belong to him as well?

Must she then produce the documents within 14 days?


Asked on 2/20/12, 11:32 am

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Yes. Generally response time is 28 days, however if you make a formal request under these circumstances, you should be able to get them. You may also want to file an emergency motion with the court for her to turn over copies of these records to you at least 7 days before trial.

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Answered on 2/20/12, 12:58 pm


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