When Does a Divorce Go to Trial?

 Posted on October 20, 2023 in Chicago divorce attorney

Even in uncontested divorce scenarios, it is common for a couple to still go to court for various reasons. However, this does not make these court visits an official trial. An official trial becomes mandatory when issues regarding the allocation of parenting responsibilities, child support, spousal maintenance, and property division cannot be settled in an agreement. A lawyer experienced in divorce proceedings, and trials can help you navigate the legal complexities of a divorce and represent you in a trial if necessary.

Can I Request a Trial at Any Time?

Requesting a trial at any point throughout the divorce process is possible. Parties with unresolved issues regarding children in a divorce can demand a trial occur within 18 months of a divorce filing. One side can oppose the trial as they may not be ready to participate. In this case, schedules can be set later depending on the reasons for the delay.

What Should I Expect from a Trial?

A divorce trial involves both parties, their attorneys, and the judge. The judge will listen to both sides' arguments and then decide on the unresolved issues. Both sides should gather evidence to support their claims in all contested issues. You can expect a pre-trial where both parties and their legal representation must confer with the judge. The judge will review all the unresolved problems and offer advice on the best way to proceed so that it does not go to trial.

Once the trial begins, both sides will provide an opening statement, have the opportunity to present evidence, and call witnesses. Witnesses are often professionals in finance, social workers, psychologists, and other experts who can offer information to help the judge come to a fair and equitable decision. The evidence will be submitted to the court, witnesses will be questioned and cross-examined, and the judge will make a final ruling. A trial can last a few hours to a few days, depending on how complex the issues are and how many witnesses are present.

How Does a Judge Make a Decision on Unresolved Divorce Issues?

The judge in the trial will consider a few factors in their final determination on each issue:

• All evidence submitted
• Witness testimony
• Arguments from both sides

The judge will then make a ruling, and once the judgment is issued, the dissolution of the marriage will then be finalized.

Contact a Kane County, IL Divorce Attorney

Divorce can be a time of uncertainty and stress. Partnering with an experienced Geneva, IL divorce attorney can help ease the process, making it easier to digest. The The Law Office of Matthew M. Williams, P.C. has been helping clients through the divorce process for nearly 15 years. Call 630-409-8184 to schedule a consultation with a knowledgeable attorney who cares.