When and How Are Depositions Used in Illinois Divorce Cases? 

 Posted on September 29, 2026 in Divorce

Depositions are a discovery tool used in some Illinois divorce cases to gather information and evidence before a trial. A deposition is considered out-of-court testimony where one party can ask another party or witness questions under oath and before a court reporter. A court reporter records all of the answers. Illinois recognizes discovery depositions and evidence depositions. A discovery deposition helps the parties learn facts and prepare their cases. An evidence deposition preserves testimony for possible use at trial. Depositions can help both sides obtain information that might otherwise be difficult to find.

Depositions are often used when important facts are disputed, a witness needs to be questioned in detail, or written discovery did not provide enough information. If you are getting a divorce, consider contacting an experienced Wheaton, IL family law attorney who will fight to protect your rights throughout the proceedings. The Stogsdill Law Firm, P.C. is one of the most prestigious divorce firms in Chicagoland, with over 100 years of combined experience handling contested cases.

What Should You Know About Divorce Depositions in Illinois?

In a divorce case, depositions can be used to gather information about the parties' finances, including their income, assets, and debts. This information can help the court divide marital property and decide whether spousal maintenance should be paid. Depositions can also address parenting time, parental responsibilities, and each parent’s role in caring for the children.

In Illinois, depositions are conducted according to the rules set by the Illinois Supreme Court. These rules dictate the procedures that must be followed when conducting a deposition, including the notice that must be given to the other party, the location of the deposition, and the manner in which the questions must be asked. The rules also provide for objections and the protection of privileged information.

What Does a Divorce Deposition Look Like?

Depositions in Illinois divorce cases can be conducted in several different ways. An in-person deposition is one common option. The person being questioned appears in person and answers questions under oath. A deposition can also take place by telephone, video call, or another electronic method if the parties agree or the court orders it.

It is crucial to remember that depositions are taken under oath, meaning that the deponent is sworn to tell the truth. Therefore, false statements made during a deposition can lead to serious penalties and, in some cases, criminal perjury charges.

What Kinds of Questions Are Asked During Deposition in 2026?

Questions during a divorce deposition in Illinois usually focus on money, property, and children. The other spouse's attorney wants to learn facts before trial. The attorney also wants to see how you answer under oath. Keep in mind that a court reporter records every word you say during the deposition, and your answers could be used later in court. Common topics include:

• Your work history, current job, and income
• Bank accounts, retirement plans, and investments
• Real estate, vehicles, and other valuable property
• Debts such as mortgages, car loans, and credit cards
• Your monthly spending and household bills
• Money spent on things unrelated to the marriage
• Your role in caring for the children
• Your living situation and future plans
• Social media posts, text messages, and emails

Some questions may feel personal or uncomfortable. Many attorneys now ask about digital records or hidden assets, such as payment apps and online accounts. Tell the truth, even when the answer is hard to say out loud. Keep your answers short and stick to what you know. If you do not remember something, you can say so. Guessing can cause problems later.

Can You Bring in Outside Witnesses in a Divorce Deposition?

Outside witnesses do not usually attend your deposition to speak for you. A deposition is your own testimony, given in your own words. However, attorneys can take depositions from other people connected to the case. A third party can be served with a subpoena to appear and answer questions under oath. This might include a business partner, an accountant, a babysitter, or an employer.

These depositions can help uncover facts about income, hidden assets, or parenting. Each witness gives testimony at a separate time. If you think someone has useful information, tell your attorney early. Your attorney can decide whether a deposition is worth the time and cost.

What if You Want Written Answers During Divorce Discovery?

Written answers during divorce discovery usually come through a tool called interrogatories. Interrogatories are written questions that one spouse sends to the other. The answers must be given in writing and signed under oath. Illinois divorce cases follow the same discovery rules used in other civil cases (750 ILCS 5/105). Under the Illinois Supreme Court Rules, a party can usually send no more than 30 interrogatories, including subparts. The parties can agree to allow more, or the court can approve additional questions for good cause.

Written questions have some benefits. They often cost less than a deposition. They also give each side time to find records and think through answers. Many attorneys pair them with requests for documents, such as tax returns and pay stubs. However, written answers have limits. The other side cannot ask follow-up questions right away. For this reason, many cases use both written questions and depositions. Your attorney can help you choose the right mix for your case.

Can You Have Attorneys Present During a Deposition?

Attorneys for both spouses can be present during a deposition. Having your own attorney there is one of the best ways to protect yourself. Some depositions are recorded on video as well.

Your attorney cannot answer questions for you. However, your attorney can object when a question is improper. For example, a question might be confusing or unrelated to the case. In many cases, you will still answer after the objection is noted. A judge can rule on the objection later. Questions about private conversations with your lawyer are different. Your attorney can tell you not to answer those. Your attorney can also ask for breaks and step in if the questioning turns hostile.

Illinois rules generally limit a discovery deposition to three hours, but it can last longer if all parties agree or the court finds a good reason to allow more time. Before the deposition, your attorney should meet with you to review likely questions. Practice can help you feel calmer and more prepared. After the deposition, you may have a chance to review the transcript for errors.

Contact Our DuPage County, IL Divorce Lawyers

Depositions can play an important role in gathering detailed information during a contested divorce. Contact the knowledgeable Wheaton, IL family law attorneys at The Stogsdill Law Firm, P.C. if your marriage is heading toward divorce. Call 630-462-9500 to arrange a private consultation.