What happens when a divorce goes to trial in Illinois?
The judge will consider the evidence, information, and arguments presented by both sides and their witnesses and then issue a ruling about the unresolved divorce issues. Once the divorce judgment is issued, the couple’s marriage will be legally dissolved.
Does Illinois require court appearance for divorce?
To answer the initial question: you may not have to attend court to get a divorce in Illinois. If you’re the one who petitioned for the divorce, you would have to appear at the final hearing. You would have to stand up and testify, but your lawyer would make sure you’re well prepared for what you’d be answering.
When does a divorce case go to trial?
Divorces start when one spouse files a complaint or petition to dissolve the marriage. The court clerk opens the case, and at that time, the petition and every other court document filed in the matter becomes public record. This is part of the reason why such a low percentage of divorces make it to trial.
What happens at a pretrial hearing for divorce?
But entering into a settlement agreement can save both you and your spouse time and money. A pretrial hearing isn’t the end. It’s not even the time when you have to decide to settle.
Can a divorce be held in front of a jury?
The impacts and decisions reached in a divorce trial can be significant and long-lasting. A divorce trial is usually held in front of a judge, or it may be held in front of a jury in some cases.
Why is it important to prepare for a divorce trial?
Great trial preparation is the key to getting through it. Once you spend the time getting ready, you will be familiar with the material issues. That will help you to present your case more effectively, and it will allow you to be less stressed out while you get through the divorce process.
When to expect a pretrial conference in a divorce case?
A pretrial conference is usually one of the last steps in your case before trial. Depending on the complexity of your case and the judge’s schedule, a pretrial conference may happen a few weeks or a few months before your trial.
How does a divorce case start in Illinois?
Initial Filing: Your case is started when your attorney files either a “Praecipe” or a “Petition” — either will do. Commencing a case by Praecipe can be done in a few minutes and allows the Petitioner to lock in jurisdiction and venue.
What happens if you go to trial in a divorce?
Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case. So if you’re going to trial, you may be placing all or just some of the issues before the court for decision.
When to file a case by praecipe in Illinois?
Commencing a case by Praecipe: When a case is commenced by Praecipe, a Petition still must be filed within six months (unless the court grants an extension). 750 ILCS 5/411 (a) Once your case is filed, you don’t have to tell your spouse and you don’t have to serve the papers immediately.