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:

The reasons for divorce can be numerous, from infidelity to financial problems to addictions to simply growing apart. Some marriages can end amicably if the decision to separate was mutual. However, many divorces are contentious, especially if one partner harbors bitter feelings toward the other spouse. When it comes time to make decisions during the divorce proceedings, this can cause conflict. 

Litigation is one approach to resolving divorce disputes between couples. This method involves going to court in order to come to an arrangement on issues such as spousal support or allocation of parental responsibilities, and more. Couples will often resort to litigation if they cannot reach an agreement on their own or through mediation. It is important to have an experienced divorce attorney by your side if you are considering filing for divorce under any circumstances. 

Steps to Keep in Mind When Divorce Issues Are Escalated

Just as every marriage is different, every divorce is unique. Each has its own set of challenges and issues to resolve. If a couple had a difficult time agreeing on things during the union, they will likely argue over property division or child-related issues in the divorce settlement. That is when a judge may become involved, and he or she will make the children’s best interest the top priority when determining certain solutions. The court will weigh several factors when deciding outcomes for parenting time and child support, including the kids’ wishes.