The Importance of Divorce Interrogatories

 Posted on July 31, 2025 in Divorce

Divorce proceedings can be legally complex and emotionally draining, especially when it comes to disclosing personal and financial information. One of the most important parts of the divorce process in Illinois is discovery, which is the formal exchange of information between spouses. Among the discovery tools that are available, interrogatories are commonly used to uncover key facts that can influence the outcome of issues such as property division, child support, and spousal maintenance.

Although answering detailed personal questions under oath may feel invasive, interrogatories are essential to ensuring transparency and fairness in divorce proceedings. A Yorkville, IL divorce attorney can guide you through this process and help you respond accurately and strategically to protect your interests.

What is the Purpose of Divorce Interrogatories?

Divorce interrogatories are written questions sent by one party to the other during the discovery phase of a divorce case. These questions must be answered in writing, under oath, within a specific time frame—typically 28 days. The answers become part of the case record and may be used during negotiations or in court.

In Illinois, interrogatories in divorce cases are governed by Illinois Supreme Court Rule 213, which outlines the procedures for both standard and custom-written interrogatories. This rule ensures that both parties receive truthful and complete information that can be used to resolve the legal and financial aspects of their divorce. The state’s courts have also approved a set of standard interrogatories specifically for use in matrimonial cases. This further streamlines the process and allows for consistency across family law proceedings.

What Types of Questions Might Be Asked in a Divorce Interrogatory?

While you may think you already know the answers to all the interrogatory questions sent to your spouse, it never hurts to have the information on paper with your spouse’s signature to verify the truthfulness of the answers. Interrogatories gather information but can also be used to get a spouse to admit to relevant issues on paper.

The questions are restricted to the facts of the marriage and divorce, so neither side can ask questions like "Did you cheat on me?". You will be asked to disclose any witnesses you intend to call at the divorce trial, including layperson witnesses (for example, your sister-in-law), expert independent witnesses (someone with specialized knowledge of a specific subject), and controlled expert witnesses (like your employer or your spouse’s employer). Other questions you will be asked on your divorce interrogatories include:

• What is your full name, current address, DOB, and the last four digits of your Social Security number?

• What are your places of employment for the last three years? What was your position, job title, and current gross and net income per pay period?

• Do you have any interest in real estate? What did you pay for it, and what is the current market value?

• Have you participated in a partnership, association, corporation, or enterprise in the past three years, and what is the amount or percentage of your interest?

The questions will go much deeper into your bank accounts, debts owed, real estate owned, and every aspect of your finances. If you are unsure of an answer to an interrogatory question, you can answer, "I do not know," or "I do not have that information at this time." Be aware that if it appears you are being evasive, you will likely be deposed, and the questions will be asked in person.  

What Should You Do If a Question Seems Harassing or Irrelevant?

While interrogatories serve a legitimate legal purpose, not every question is appropriate. Illinois law prohibits discovery tools from being used to harass or intimidate the other party. If you believe a question is irrelevant, overly burdensome, or designed to harass, you can file a written objection with the court within 28 days of receiving the interrogatories.

The court will then determine whether the objection is valid. If it decides that the question must be answered, the court will issue an order compelling a response, typically within another 28-day period. Failure to respond without a valid objection may result in court sanctions, including restrictions on your ability to present certain evidence at trial.

How Can Interrogatories Affect the Outcome of a Divorce?

The answers provided in divorce interrogatories can have a major impact on the outcome of your case. Since the responses are given under oath, they carry legal weight and can be introduced as evidence during negotiations or trial. This means that any misstatements or omissions can undermine your credibility and weaken your position.

Interrogatories help clarify the financial picture of both spouses, which is essential when determining property division, child support, and spousal maintenance. If one spouse attempts to hide assets or misrepresent his or her income, the answers to interrogatories may expose those discrepancies. Additionally, knowing in advance who the other side plans to call as a witness can shape your strategy and improve your preparation for the trial.

Ultimately, providing complete and truthful answers not only ensures compliance with the law but also strengthens your credibility and can place you in a more favorable position during settlement discussions.

What Happens After You Submit Interrogatory Answers?

Once both parties submit their responses, the attorneys carefully review them to identify any inconsistencies, incomplete answers, or red flags. If responses are vague, evasive, or raise new questions, the attorney may request a deposition or file a motion to compel further discovery.

At this stage, interrogatory answers often become the foundation for future legal arguments. They may be used to draft motions, assess the need for expert testimony, or negotiate a settlement. For instance, if your spouse admits to having a significant retirement account that was not previously disclosed, your attorney can take steps to make sure that asset is appropriately considered during the division of property.

Even if your case does not proceed to trial, interrogatories help both sides gain a clearer understanding of the marital estate and the issues that must be resolved.

Contact a Kendall County, IL Divorce Lawyer

When you choose Goostree Law Group, you can expect zealous advocacy throughout your divorce or other family law issues. A Yorkville, IL divorce lawyer will have a deep understanding of all issues related to divorce while realizing that each case and each client is unique. If you need a strong advocate in your corner during your divorce, contact our firm at 630-584-4800 today.