For many people involved with divorce and family law matters, one of the first questions they ask is “Will my case go to trial?” It’s an understandable question since you want to know what to expect. Though providing a definite answer is impossible, you should know there are benefits for avoiding trial through agreement. You have more control over the outcome, so many lawyers will aim for settlement where it properly protects your interests.
Although most cases settle, agreement isn’t possible in some cases and it’s not appropriate when it puts your rights or children at risk. Skilled Chicago divorce and family law attorneys recognize when going to court is necessary, so they’ll always be prepared for trial. Still, you might find it useful to understand why your case may go to a hearing or trial and how your lawyer will advocate on your behalf.
Why Trial May be the Only Practical Option
Divorce and family-related disputes are unique legal areas because they touch on very personal, sensitive issues. As such, many of the relevant laws – including the Illinois Marriage and Dissolution of Marriage Act – promote agreement as a means of resolving such key issues as:
-
Asset division, if you can agree on how to split all property you acquired during your marriage;
-
Spousal support, where you reach a compromise on the amount and other terms of alimony;
-
Issues regarding minor children, including allocation of parental responsibilities and parenting time – commonly known as child custody and visitation; and,
-
Other family law areas, such as taxes, retirement accounts, and life insurance.
In most cases, a court will accept an agreement you reach in any of these areas, if it’s not extremely unfair to one party. There’s even a mediation process if you can compromise on certain issues but disagree on others. Still, in some cases, a trial may be the only remaining option.
How a Chicago Lawyer Can Support Your Interests at a Divorce or Family Law Trial
If you do need to take your unresolved issues to a judge, you can trust your attorney to tackle the legal challenges. You’ll be required to appear in court, but you should understand how your lawyer endeavors to get the best possible outcome.
-
Your attorney will have in-depth knowledge of the relevant laws and how they apply to the facts in your case. With this information, he/she will develop a strategy to achieve your objectives.
-
Part of the preparation for trial will be conducting discovery, which includes requesting documents, preparing interrogatories for other parties and responding to discovery requests on your behalf.
-
Discovery may also include depositions and your lawyer will plan to depose certain individuals. If you receive notice you must appear for a deposition, your attorney will be at your side during the session.
-
On the trial date, your attorney will present your evidence, challenge your spouse’s witnesses, and make strong arguments to fight for your position. A trial in family law or divorce case will usually require witness testimony, so your attorney may call you and other individuals and relevant parties to testify.
Count on a Chicago Divorce and Family Law Attorney for Trial Support
For more information on our services and advocacy in cases that go to trial, please contact Michael C. Craven. You can set up an appointment at our Chicago, IL office by calling (312) 621-5234 or checking us out online. Our team works diligently to reach compromise whenever possible in divorce and family law matters, but we’re equally prepared to represent you in court if a hearing is necessary to protect your rights.
