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5 Signs That Your Illinois Divorce May Need to Go to Trial

Posted on in Divorce

Algonquin divorce attorney litigation

For most divorces in Illinois, it is possible to reach a resolution through a settlement based on a cooperative agreement between the spouses, often with the assistance of attorneys or mediators. However, in some cases, a settlement is not possible, and the terms of the divorce will need to be determined through a trial and court ruling. A trial can be costly, time-consuming, and emotionally draining, but it may be your only option. If you can recognize the signs that a trial may be necessary, you can better prepare yourself with the help of a skilled divorce attorney who can present a strong argument in your favor.

When Is a Divorce Trial Necessary?

A divorce may go to trial if the circumstances surrounding it are contentious. Some signs that you may need to resort to trial litigation include:

  1. Your spouse is contesting the divorce: If your spouse disagrees with the decision to get a divorce, he or she may be unlikely to engage in negotiations or mediation to reach a cooperative agreement.

  2. Inability to communicate or cooperate: If your marriage is ending with hard feelings, perhaps due to infidelity or another betrayal of trust, you may find it difficult to engage in conversation or work toward any sort of compromise. When this is the case, a trial may be your only option to reach a resolution.

  3. Disputes over child custody: If you and your spouse have strong disagreements over parenting time or the way your children should be raised, or in a more serious situation involving the question of a parent’s fitness, the resolution of your divorce may depend on a court order.

  4. Dishonesty regarding finances: If you suspect that your spouse has hidden assets or has been dissipating marital assets in the time leading up to your divorce, you may need to take your case to trial to achieve a fair distribution of property.

  5. A history of domestic abuse: Domestic violence on the part of your spouse against you and your children is a serious problem, and a trial is likely the best way to obtain an order of protection and ensure your safety during the divorce proceedings.

Contact a St. Charles Divorce Attorney Today

If you believe that a divorce trial could be in your future, you should hire a divorce attorney as soon as possible to help you gather the information and evidence you need to start building your case and help you stand your ground against your spouse in court. At the Law Offices of Benedict Schwarz, II PC, we almost always try to help our clients resolve their divorces through mediation and cooperation first, but we know that there are times when you need a strong trial litigator. For complex and contested divorces, you can rely on us to provide the strong legal guidance and representation you need. Contact an experienced Kane County divorce lawyer at 847-428-7725 to schedule a free consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

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