The short answer
What Illinois families should know.
Preserving evidence means keeping relevant information intact so it can be evaluated fairly. It includes paper records, messages, files, photographs, and other material that may answer a disputed question. Deleting or changing information can create a discovery dispute that is separate from the original divorce issue. Preservation should be planned without accessing another person's accounts unlawfully.
Start with the issues and the data sources
Identify the accounts, devices, applications, and paper files connected to finances, parenting, property, or safety. A recurring payment may be documented in both a bank statement and an email confirmation. A parenting exchange may appear in a calendar and a message thread. Counsel can help determine what needs to be retained and whether a focused preservation request should be sent to another person or organization.
Preserve complete records and context
Save full statements, complete conversations, attachments, and dates rather than selected screenshots that omit unfavorable material. Keep native files when practical and record where copies came from. Do not annotate the only original or alter a message to make it easier to read. A separate working copy can be used for explanations while the underlying record remains unchanged.
Address automatic deletion
Some systems routinely erase messages, overwrite recordings, or remove former employees' accounts. Tell counsel about those processes promptly so appropriate preservation steps can be considered. A disappearing-message setting can matter even if nobody manually deletes a particular exchange. If information has already been lost, identify what was lost, when, why, and whether a lawful alternative source or backup exists.
Discovery compliance and sanctions are separate questions
Illinois Supreme Court Rules 201 and 214 address information and documents within discovery, and Rule 219 supplies remedies for unreasonable noncompliance. A court evaluates the specific conduct and applicable obligations; loss of a file does not automatically decide the entire case. Prompt disclosure of a problem and a documented effort to recover records are more useful than concealing the gap or manufacturing a replacement.
Prepare
Useful next steps
- Identify automatic deletion settings and time-limited records.
- Keep an unaltered copy of every important file or thread.
- Notify counsel promptly about missing material and possible backups.
Avoid
Common missteps
- Destroying records because they appear embarrassing.
- Entering private accounts without legal authority.
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Primary sources
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.