Naperville Divorce Litigation Lawyer

Attorneys for Divorce Trials in DuPage County and Will County

When you choose to dissolve your marriage through divorce, you have a variety of options for how to proceed. Many couples choose to pursue an uncontested divorce and resolve their disputes outside of the courtroom. However, in "traditional" or contested divorce cases, this may not be possible, and litigation may be necessary. In these cases, it is important to understand the steps followed in a divorce trial, and you will need a skilled attorney by your side throughout the legal process.

At the Law Office of Ronald L. Hendrix, P.C., our divorce lawyers have over 35 years of combined legal experience, and we have represented many clients in divorce litigation. During your trial, we can help you understand your rights and legal requirements, and we will provide you with the representation you need, helping you demonstrate why the judge should decide matters in your favor.

Steps of Divorce Litigation

There are multiple steps to divorce litigation. The approach taken during a case will depend on the level of conflict between the parties and their willingness to communicate with each other and work together alongside their respective attorneys to bring matters before the court and determine how to resolve their outstanding issues. Depending on the circumstances of the case and the issues that need to be resolved, a divorce trial will include some or all of the following procedures:

1. Discovery - After the divorce process begins when one party files a petition for divorce, both parties will be required to fully disclose all relevant information to each other about the marital and non-marital property they own, all forms of income, and any marital or non-marital debts. The parties' attorneys may also uncover information by making written requests (interrogatories and requests for documents), performing depositions, or filing subpoenas.
2. Motions/Hearings – At any point during contested proceedings, if there are disputes or issues between the parties which require swift resolution, then a party is able to file a motion and get these issues before the court. This has an effect of helping a case move along by resolving individual issues.
3. Pre-trial memorandum and conference - Before the trial begins, each party will disclose the pleadings they plan to make arguing why the judge should decide matters in their favor, as well as the evidence they will be presenting and witnesses who will be called to testify. Both parties' attorneys will then meet with the judge to discuss the outstanding issues in the case, and the judge may offer recommendations on how matters may be settled without the need to proceed to trial.
4. Trial - Each party's attorney will present their case and fully explain their arguments for why matters should be decided in their favor. During this time, they may call witnesses such as family members, doctors, psychologists, financial experts, or child custody evaluators, and these witnesses may be cross-examined by both parties. Each party may also present evidence such as financial statements or medical records supporting their arguments.
5. Judgment for Dissolution - After considering the arguments, evidence, and witness testimony, the judge will make a ruling on how all outstanding issues will be resolved. The marriage will be legally dissolved when a divorce judgment is issued, and both parties will be bound by the judge's decision.

Contact a Will County Divorce Litigation Attorney

Whether you expect to reach a divorce settlement outside of court or need to resolve some or all divorce-related issues through litigation, our lawyers can provide the legal help you need. We will work to protect your rights and help you determine the best strategy for achieving your goals as you dissolve your marriage. For a free consultation, contact us today at 630-355-7776 or 815-722-7050. We provide representation in divorce cases heard in the Will County Courthouse in Joliet, the Kane County Courthouse in St. Charles, the DuPage County courthouse in Wheaton, and the Kendall County Courthouse in Yorkville.