Will My Illinois Divorce Go to Trial?

 Posted on April 12, 2024 in Divorce

A common misconception about divorce in Illinois is that every divorce case will end up in a trial. In reality, most divorce cases can be settled without a trial, and this is typically the most desirable outcome, as divorce trials can be expensive and drawn out. An experienced Illinois divorce attorney can help you navigate your case and pursue a favorable outcome without a trial.

Understanding the Illinois Divorce Process

In Illinois, the divorce process is governed by the Illinois Marriage and Dissolution of Marriage Act. This law outlines how spouses should act, the details of filing for divorce, and other factors about dividing properties or assets during a divorce and deciding on parenting and child custody plans.

In general, the Illinois divorce process includes the following steps:

• Figure out which jurisdiction and county you will need to file your divorce in; you can file in the county where either you or your spouse lives.
• Prepare the Petition for Dissolution of Marriage with the help of your attorney and file the petition.
• Your spouse will be given notice that you have filed for a divorce, and you will need to wait 30 days for their response to the petition. If you are both in agreement about divorce factors, you can request a prove-up hearing, at which the judge can grant your divorce.

It is important that you work with your divorce lawyer throughout this process. They can help advocate for your rights and a fair division of items during your divorce.

Can I Avoid Going to Trial For My Illinois Divorce?

Every divorce is different, and it can be hard to determine if you can avoid going to trial in your divorce at first. Typically, uncontested divorces and those where both spouses are willing to work with a mediator to reach a settlement can avoid the trial process. However, suppose your spouse refuses to agree with you regarding parenting plans, custody agreements, spousal support payments, and the division of property and assets. In that case, you may need to pursue a trial with the help of your divorce attorney to reach a mutually beneficial solution.

Contact a St. Charles, IL Divorce Lawyer

Divorce is a stressful process for many people, and going to trial can only make your divorce more complex. Working with a skilled Kane County, IL divorce attorney is essential to help your divorce proceed as smoothly as possible. At Shaw Sanders, P.C., Attorney Matt Shaw is also a mediator, and he will work to settle your divorce before an expensive trial, though he can aggressively pursue your rights throughout a trial if necessary. Call 630-584-5550 for a free consultation.