Will I Have to Fight With My Ex in Illinois Divorce Court?

 Posted on May 09, 2022 in Divorce

One of the reasons Illinois couples in unhappy marriages often put off getting divorced is because of the fear of a high-conflict courtroom trial. While divorce trials have rightfully earned a reputation for being expensive, unpleasant, and dramatic, the truth is that very few divorces actually end up in trial anymore. Instead, couples are encouraged or sometimes even mandated to pursue mediation and work out their differences through conversation and compromise with the help of a neutral third party. However, mediation is not always successful and sometimes other factors, such as domestic abuse, can make a trial necessary.

Divorce Trials in Illinois Family Court

Trials are hard on divorcing spouses, but they are particularly difficult for children. They also take up important time and resources from county courthouses that are often overworked and have long waiting times for trial dates. For these reasons, judges usually want to see couples exhaust other options before bringing a divorce case to trial.

But in cases involving domestic abuse, extreme hostilities, mental illness, or dishonesty about finances, a trial may be necessary to fact-find, make decisions about marital property, and even to determine whether one parent is fit to have parental rights. Some divorcing couples only need one or two issues determined in a trial; other couples have their entire divorce decree decided by a judge.

Divorce trials require the collection and exchange of large amounts of documents, communications, medical records, photos, and anything else that could be used to support one side’s position. Attorneys often require many weeks or months to get all the necessary information before they can make an argument before a judge. Each spouse may need to offer testimony that is subject to cross-examination from the other spouse’s attorney. Certain cases also require testimony from expert witnesses who can present evidence about a wide variety of subjects, from a child’s welfare to a spouse’s true income.

While this may all sound overwhelming, you do not have to face a divorce trial alone. A great divorce attorney can help you prepare for trial and make sure you know what to expect from the process.

Schedule an Initial Consultation with an Experienced Arlington Heights Divorce Attorney

The prospect of your divorce going to trial can be intimidating and frightening. However, you may be surprised to learn that, with effective legal representation, you may be able to avoid a trial altogether. To learn more about how an experienced Arlington Heights divorce attorney with A. Traub & Associates could benefit you, call us today at 847-749-4182.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000