Why Some Divorce and Family Law Cases Go to Trial in Illinois—and Others Don’t

When you’re going through a divorce or family law case in Illinois, one of the biggest questions is: “Will my case go to trial, or can it be settled out of court?” The truth is, most cases settle before trial—but there are situations where a trial is unavoidable. Knowing the difference, and what to expect, can help you prepare for the road ahead.

Most Divorce Cases Avoid Trial

The majority of divorces in Illinois are resolved through negotiation, not trial. Settlement is often preferred because it saves time and money compared to a courtroom battle, reduces conflict and stress for parents and children, protects your privacy, and keeps control in your hands rather than leaving major life decisions to a judge. Many families reach agreements through mediation, collaborative divorce, or attorney-assisted negotiation.

Complex and High-Conflict Cases May Require Court Intervention

Despite efforts to resolve matters out of court, some disputes can only be decided by a judge. A divorce or custody case in Illinois may go to trial if child custody disputes (allocation of parental responsibilities) cannot be resolved, parenting time disagreements involve relocation or complex schedules, division of marital property is contested—such as business valuations, retirement accounts, or hidden assets, spousal support (alimony) is disputed, domestic violence or abuse concerns make settlement unsafe, or one spouse refuses to negotiate in good faith. In these situations, a family court judge will hear testimony, review evidence, and make legally binding decisions.

Trials are Preceded by Discovery

Before a case ever reaches trial, both sides go through a phase called discovery. Discovery is how each party gathers the information and documents needed to present their case. In Illinois, discovery typically includes: financial affidavit and required documents—each spouse must complete a sworn financial affidavit disclosing income, expenses, assets, and debts. Supporting documents (like tax returns, pay stubs, and bank statements) are also required. Document production is a formal exchange of financial records, account statements, real estate documents, business records, and other materials relevant to the case. Depositions (oral discovery) involve sworn testimony taken outside of court. An attorney asks questions, and the witness (spouse or third party) answers under oath while a court reporter records everything. Depositions help uncover details and test credibility. Interrogatories are written questions that one party sends to the other, which must be answered under oath. These may cover financial matters, parenting concerns, or other disputed issues.

Discovery Offers Another Chance to Settle

While the discovery process can feel tedious and time-consuming, it often helps avoid trial. Why? Because once both sides have access to crucial data, they can make more informed settlement decisions rather than arguing blindly.

Overview of a Divorce Trial

If your case cannot be settled even after discovery, here’s what typically happens in an Illinois divorce trial.  Family law judges often try to settle the case through a pre-trial conference, which is a meeting with attorneys before the trial begins to narrow the issues.  The judge may indicate how she is inclined to rule on a given issue to avoid a trial.

If those efforts fail, a trial is the next step.  Trial starts with opening statements—each attorney presents an overview of their client’s position and what they intend to prove. The next phase is the presentation of evidence, which starts with witness testimony and other evidence, including financial documents, appraisals, text messages, emails, and any other records relevant to the case. In family law, witnesses often include spouses, financial experts, child custody evaluators, or other professionals. Once all the evidence is presented, then each party concludes with closing arguments.

Closing arguments is when attorneys summarize their case, highlight key evidence, and ask the judge to rule in their client’s favor. When the attorneys conclude, the judge needs to issue a ruling.  The judge may rule immediately from the bench or issue a written decision later, often months later. This ruling is legally binding. Because the judge doesn’t know your family personally, the outcome may not be as flexible or tailored as a negotiated settlement. That’s why preparation and strong representation are critical.

Every case is different. Some families achieve peace of mind through settlement, while others need a trial to protect their rights and their children’s best interests. A knowledgeable Illinois family law attorney will explore all paths to settlement first and be fully prepared to represent you at trial if necessary.

The Takeaway

While most Illinois divorce cases settle before trial, high-conflict disputes—especially those involving custody, parenting time, or complex finances—sometimes require a judge’s decision. Having an experienced divorce lawyer in Illinois by your side ensures you are protected in either scenario.