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West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Will My Illinois Divorce Need to Go to Trial? 

Posted on in Family Law

st. charles divorce lawyerIn a perfect world, divorcing spouses in Illinois could reach an amicable settlement using the help of skilled mediators or collaborative divorce experts. Unfortunately, this is not always possible. Court trials can be very time-consuming, expensive, and emotionally taxing, but when spouses cannot negotiate a settlement, this may be the only option. 

If you can accurately assess your situation and recognize that a divorce trial is likely in your future, a divorce attorney with experience in litigation can help you better prepare yourself to resolve important issues like property division, parental responsibilities, spousal support, and child support

When is Divorce Litigation Inevitable?

There are several possible signs that your divorce may need to be resolved through litigation. These signs include: 

  • A History of Domestic Abuse - Victims of domestic abuse often pursue a trial to obtain long-standing orders of protection for themselves and their children and to ensure that the abusive parent is not awarded parenting time or parental responsibilities. Domestic violence is a serious problem and it may be unwise for victims to consider mediation or collaborative divorce with a spouse who is threatening or manipulative.

  • One Spouse Disagrees with the Divorce - A spouse who is uncooperative or who does not want to get divorced is unlikely to participate in mediation or other collaborative negotiations. A divorce court can help someone pursue a divorce, even if their spouse cannot be found or refuses to cooperate. 

  • Disagreements About Child Custody - If spouses have major disputes over who should have more parenting time or who can make important decisions on behalf of the children, a judge may be necessary to make these decisions for them. This is especially true of spouses who have serious concerns over the parental fitness of the other spouse and want to demonstrate to a judge that the other spouse’s access to the children should be restricted. 

  • Financial Dishonesty or Disputes - If one spouse is attempting to take advantage of the other spouse by hiding assets or denying access to important documents, a trial may be necessary to ensure each couple’s assets are appropriately valued and divided. If a spouse has engaged in dissipation of marital property, the other spouse may want to go to trial to ensure that he or she gets their fair share of the dissipated assets. 

Speak with a St. Charles Divorce Attorney 

Not all divorces can be resolved outside of court. If you are worried that your divorce is heading towards a court trial, consider speaking with a Kane County divorce attorney right away. An experienced attorney with the Law Offices of Benedict Schwarz, II P.C. can work with you to gather evidence and other necessary information to begin building a case.  If possible, we will help you reach a pre-trial settlement. If your case advances to trial, we will advocate passionately on your behalf and ensure that your rights are protected.

Contact us today to schedule your initial consultation. Call 847-428-7725

 

Source:

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

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