What Happens During Divorce Litigation?

 Posted on August 23, 2022 in Divorce

Litigating a divorce can be a difficult process. Today, it is generally used only as a last resort if all attempts at negotiation or mediation have failed. Of course, there are some cases where attempting to resolve the divorce out of court does not make sense, such as if one spouse is refusing to cooperate with the divorce or has abused you. Some divorces involving high-value marital assets are also very likely to be resolved through litigation because there is so much at stake.

If you expect to go to court for a contested divorce, you may be quite nervous. Knowing what to expect during litigation can help keep you feeling calm and prepared. It is critical that you are represented by an aggressive and experienced attorney during a contested divorce. Hensley Sendek Law offers top-quality representation in and out of court. 

What to Expect in a Contested Divorce

When you go to divorce litigation, you are asking the court to make decisions about each issue in your divorce case. Rather than reaching an agreement, you and your spouse will each try to prove to the court that issues should be resolved in your favor. Hearings will be held. These hearings work like trials. Your attorneys will be able to introduce evidence and call witnesses. 

Note that the purpose of these hearings is not to determine whose fault the divorce was.  You will generally not have to rehash the breakdown of the marriage. The court is not interested in assigning fault - it is only interested in dividing your marital property fairly and establishing a parenting plan if you have children. 

In general, divorce litigation is not something you “win” or “lose” as each issue is decided separately. You may win or lose on a particular issue, such as who keeps the marital home. While your attorney will do nearly all of the talking in court, you will most likely be called up to the stand to testify. Your spouse’s attorney will ask you some questions about the marital property in dispute and your parenting habits if you have children. 

Your attorney will help you prepare for this questioning. The type of questions you will be asked will depend on your particular circumstances and your ex’s attorney’s litigating style. Your attorney should be able to anticipate what types of questions you will be asked so that you will be ready. 

The goal is to provide the judge with the information they need in order to fairly divide property and establish a parenting plan that is best for the children. 

Contact a DuPage County Contested Divorce Lawyer

Hensley Sendek Law has the courtroom experience needed to get you the best possible divorce terms. Our skilled Warrenville contested divorce attorneys will fight for a final resolution that is in your favor. Call 630-358-9029 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000