Will My Divorce Go to Court?

 Posted on January 28, 2025 in Divorce

When you are facing the end of your marriage, it is natural to wonder how the process will unfold. One of the most common questions people ask is, "Will my divorce go to court?" The good news is that most divorces settle out of court, meaning the majority of couples reach an agreement on the terms of their divorce without the need for a full trial. However, some cases do require litigation, particularly when disputes cannot be resolved through negotiation or mediation.

If you are going through a divorce, it is important to understand the process and know your options. Working with an experienced Illinois divorce attorney can help you navigate the legal steps involved and ensure your rights are protected, whether your case settles or goes to court.

The Divorce Process From Filing to Settlement

Most divorces follow a similar process meant to help couples resolve their differences and finalize the terms of their divorce. Here is an overview of the typical steps:

Filing for Divorce

The process begins when one spouse files a petition for divorce. This legal document outlines the grounds for the divorce and requests certain terms, such as property division, child custody, or spousal support.

Serving the Divorce Papers

The petition must be served to the other spouse, who then has the opportunity to respond.

Discovery

Both spouses exchange information and documents related to finances, property, and other relevant issues. This phase ensures transparency and helps both sides understand what is at stake.

Negotiation or Mediation

Most couples attempt to reach an agreement through negotiation or mediation. Mediation is a process where a neutral third party helps spouses work through disputes and find common ground. These methods are often faster, less stressful, and less expensive than going to court.

Settlement Agreement

If both spouses agree on the terms, their attorneys draft a settlement agreement, which is submitted to the court for approval. Once the judge approves it, the divorce is finalized.

In many cases, couples can reach an agreement at some point during this process, avoiding the need for a trial.

When Divorce May Go to Court

While most divorces settle before trial, some cases do proceed through full litigation. This typically happens when spouses cannot agree on critical issues, such as:

• Decision-Making and Parenting Time: If parents cannot agree on a custody arrangement, the court will make decisions based on the child's best interests.

• Division of Assets: When disputes over the division of property or debts cannot be resolved, a judge may need to decide how to divide marital assets.

• Spousal Support: Disagreements about the need for or amount of spousal maintenance can lead to litigation.

In these situations, the case may proceed to a trial where each side presents evidence and arguments, and a judge makes the final decisions.

Call a Wheaton, IL Divorce Attorney

If you are going through a divorce, working with an attorney can provide peace of mind and ensure that your rights are protected. Whether your case settles or goes to court, an experienced attorney with Andrew Cores Family Law Group can guide you through the process. Call us at 630-871-1002 to schedule a free consultation with one of our DuPage County, IL divorce attorneys today.