What to Expect During a Divorce Hearing in Illinois

The terms of your divorce will set the stage for your future, which means that it is important to afford them the legal attention they require to get them right from the outset. Ultimately, your divorce terms concern your parental and financial rights, and if you and your divorcing spouse are able to negotiate mutually acceptable terms on your own (with the help of your respective divorce attorneys), your divorce will not need the court’s intervention, other than for finalization. 

If not, however, your divorce will proceed to court, and it can help to know what to expect. The most important step you can take to help protect your rights as you move forward toward divorce is working closely with a dedicated Illinois divorce attorney. 

Don’t Let the Term “Divorce Hearing” Scare You

While the results of your divorce hearing will hold considerable weight for your future, you shouldn’t let the prospect of going to trial frighten you. There will be no jury deciding your fate in a packed courtroom filled with tension. Instead, an impartial judge will preside over your case, will hear each of your positions (one at a time), and will rule according to state laws and what is fair given the unique circumstances involved. It’s important to note that just because your case goes to trial doesn’t mean that every divorce term will be decided there. If you and your soon-to-be-ex are able to hammer out some of the terms between you, they represent matters that the court will not need to determine on your behalf. 

Divorce Trial Basics

The basics as they relate to your divorce trial include the following:

• The attorney for whoever filed for the divorce (the petitioner) will begin.
• The petitioner’s attorney will argue his or her client’s position in the matter at hand, will present evidence, and will question any witnesses involved in your case.
• The other spouse’s attorney will respond with the same from the other spouse’s perspective. 

Evidence in your case will include any relevant details regarding your marriage overall, your marital property (versus separate property), and any spousal support needs (also called alimony) involved. Witnesses may be called to help establish the nature of assets – whether they are marital or separate – and/or to weigh in on child custody matters (such as a teacher, nanny, babysitter, or family friend might). 

The Judge’s Final Order

After both of you have presented your side of the case, the presiding judge will carefully weigh all the information at hand – taking the credibility of any eyewitnesses into consideration – and will issue a final order in the matter. This final order sets the terms of and finalizes your divorce.

An Experienced Illinois Divorce Attorney Can Help

Cameron H. Goodman at Goodman Law Firm in Illinois is a formidable divorce attorney whose practice focuses on helping clients like you obtain beneficial divorce terms, and he’s on your side. To learn more, please don’t wait to contact us today.