How to Prepare for Your Divorce Case Moving to Trial

 Posted on May 06,2022 in Uncategorized

Every divorce is different and unique to the family undergoing marriage dissolution. When spouses cannot agree upon these decisions together, there are many different routes that families can take to complete a divorce, such as mediation between spouses. During a divorce, litigation is usually seen as a last resort. Litigation can be intimidating, time-consuming, and expensive. If a settlement is not reached, litigation will move to trial.   

The Reason Why Divorce Cases Move to Trial

The main reason divorces move to trial is because spouses are unable to reach an agreement about one or more divorce issues. A trial will leave the decision-making to the court, not the spouses themselves. Many decisions made during a divorce are problematic because they drastically change the family dynamic moving forward. For example, many couples will disagree regarding child custody and visitation arrangements or ownership of shared marital property. Firm disagreement over divorce issues results in a contested divorce. 

Three Steps to Prepare for Trial

Litigation, especially during divorce cases, can be nerve-racking. The idea that decisions will be left for a judge to decide makes many individuals feel uncertain about their futures. It is critical to work alongside a skilled divorce attorney who can advocate on your behalf during the divorce trial. Here are three steps to take to maximize your chances of a favorable divorce outcome:

• Gather Relevant Documents — During a divorce, it is important to be able to present all of the relevant documents that support your case. These documents often include financial statements to determine financial resources and debts, property documents detailing shared and separate property, and any other information that spouses should provide to the judge. If your divorce trial is circulating one contested topic, gather all of the documentation surrounding your pleading to present in court. For example, if you and your spouse are undecided about who will remain in the family home, gather documents explaining why you believe you should be the one to retain residency.

• Make Child-Care Logs — If you and your spouse share children, it is vital to create child-care logs that detail how much parenting time each parent dedicates to the children regularly. Child custody and visitation arrangements are among the most contested aspects of divorce. If your child custody dispute has moved to court, having detailed child-care logs of your partner’s physical, mental, and financial contribution to the children can help achieve your goals.

• Maintain Mental Health — One of the most important steps when preparing for a divorce trial is maintaining your mental health. Divorces can get difficult, especially when life-changing decisions are contested. To represent yourself in the best light, lean on a support system, engage in activities that make you feel good, and have open communication with your attorney. There are many resources for spouses going through the divorce process, such as family therapists and crisis hotlines. 

Speak to a Wheaton Divorce Attorney 

If you are looking for legal representation for your divorce, our Wheaton divorce attorneys at the Law Office of Ronald L. Hendrix, P.C. may be able to help. Our firm has vast experience representing clients dealing with complicated divorce and family matters, including contested divorce trials. If you need legal assistance, please reach out to our office by calling 630-355-7776. We offer a free consultation to help review the elements of your case and navigate you towards success. 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59