Divorce can be a challenging and emotional experience, especially when it escalates to a trial where all issues must be resolved by litigation. At at trial, people say things that cannot be unsaid. Understanding the intricacies of the trial process for divorces in Illinois can make a world of difference in navigating this complex legal landscape. You will be more comfortable if you know what to expect at trial. Consult with your attorney prior to the trial to make sure you are prepared and understand the trial strategy. You should have reasonable expectations about the topics you are expected to address before you go to trial.
Upon embarking on the Illinois divorce trial process, you will move from status hearings, to discovery deadlines, to pre-trial conferences, to trial, to appeals and motions for reconsideration. Most of all, you should learn how to conduct yourself in Court. Lastly, you should have a good understanding of what you are asking the Court to order.
Quick Answers
- Divorce cases in Illinois may proceed to trial after discovery is complete, so long as the parties are unable to reach an agreement out of court
- The divorce trial process may be used to address every issue at once, or it may be narrowly tailored to address only one or two issues that remain outstanding
- Trials in dissolution cases may be expedited, but most divorce trials are lengthy and time consuming
- Prepare for you trial by asking yourself what information you wish to convey and what topics do you wish to address
- Not all issues must be determined by the judge if the parties are able to reach an agreement on a portion of the issues
Why a Divorce Case May Proceed to Trial
Most divorce cases are settled out of court, but a trial is necessary when when negotiations and divorce mediation fail to resolve the disputed issues. There are certain steps that are required before the divorce process may advance to a trial. In Illinois, divorce cases involve status hearings, discovery orders, and pretrial conference, all of which can cause delays in the case before the divorce can proceed to trial.
Child Custody Disputes
Disputes over child custody are typically the cases that take the longest to get to trial. The judges that preside over child custody disputes often have a strong aversion towards presiding over contested custody trials. The judge does not want to be responsible for negative consequences affecting your children. Frequently, judges would prefer to preside over a murder trial compared to a custody trial. That can create significant delay regarding the specific determination of custody cases. The Court system understands that parents are better situated than judges are at making important decisions about the parties’ children and their futures. You should expect delays and expect your case to longer if your case involves a disputed custody determination.
The Illinois Divorce Trial Process
Navigating the Illinois divorce trial process can be a daunting task, especially for those unfamiliar with the legal system. The process involves various steps, including pre-trial conferences, discovery disputes, the presentation of evidence, and compelling the testimony of witnesses. You can learn a great deal about what to expect at trial by educating yourself on the process. However, there is not a clear linear path to trial, which is one reason why you are best protected by hiring a divorce lawyer.
Discovery and Pre-Trial Conferences
Discovery is an informational gathering phase of the case, which must be completed prior to going to trial on the divorce case. Specific deadlines are provided by law, which require the disclosure of information and requires the parties to participate in the discovery process in good faith. Discovery disputes often require the Court to intervene and enter a ruling on the problem or discovery issue that is in dispute. Such issues are also potentially addressed in a pre-trial context. Pre-trial conferences are also an opportunity for the judge to resolve issues, clarify possible misunderstanding, and even negotiate a last-minute settlement.
Pre-trial conferences play an important role in the Illinois divorce process. Pre-trial conferences allow the judge, attorneys, and parties involved to discuss the case and narrow the issues before proceeding to trial. The pre-trial conference is also an opportunity for the judge to persuade the attorneys to collaborate with their clients to reach a reasonable settlement prior to the trial date.
Presenting Evidence
The presentation of evidence can be considered the core of the divorce trial and represents the culmination of litigation. After all, the presentation of evidence is relied upon for the Court’s ruling and provides the basis for the judge’s ruling. Evidence may include school related documents, financial paperwork, medical records, and other relevant information that supports each party’s case. Attorneys for each side will present the evidence and summon witnesses to provide testimonial evidence. The most common form of evidence is provided to the Court in the form of witness testimony.
Being thoroughly prepared is an important part of presenting evidence. Do your best to stay organized and have all relevant documents and evidence ready for presentation. You will need a divorce lawyer to understand the rules of evidence in Illinois and make sure your evidence meets the requirements.
Witness Testimonies
Witness testimonies play a vital role in the divorce trial process, as they help establish facts and credibility. The vast majority of evidence provided at trial will be in the form of testimonies. Your witnesses may appear voluntarily without a subpoena. However, witnesses may be summoned or required to appear by subpoena. Discuss with your divorce lawyer whether your witnesses need to be subpoenaed. Occasionally, witnesses that are willing to appear voluntarily still need to be sent a subpoena to show to their employer if time off of work is necessary for the witness to appear and participate at the trial.
During the trial, witnesses will undergo direct examination by the attorney who called them and cross-examination by the opposing attorney. Witnesses need to be well-prepared for their testimonies, since their credibility and the strength of their testimony can significantly sway the trial’s outcome. One aspect that can be challenging for witnesses is that their testimony will likely be interrupted with objections from the lawyers. Objections are occasionally shouted out by the lawyers in the middle of the witnesses testimony, which can even be used to just to distract or rattle the person testifying. If you are testifying and a lawyer makes an objection, you need stop speaking and allow the objection to be ruled upon by the judge. If the judge says, “overruled,” then you may continue speaking to complete your answer. If the judge says “sustained,” that means the judge agrees with the objection and the witness should stop speaking. Keep in mind that the Petitioner and the Respondent are usually called to testify as witnesses themselves in the divorce trial. Be sure to discuss with your attorney what exactly they expect of your testimony and what topics you are expected to discuss.
What to Expect During the Trial
During the divorce trial, preliminary matters will be addressed as the trial begins. The judge will confirm the readiness of the Petitioner and the Respondent and address any pretrial motions or emergency issues. The judge may also have questions regarding procedure, such as the order of witnesses or length of time expected to be needed. Both parties will start by presenting their opening statements to the judge, unless opening statements are waived. Upon the conclusion of the trial, the judge will make a final decision on all outstanding issues known as an adjudication. Divorce trials can be complex and involve a variety of stages, such as:
- Preliminary Matters
- Petitioner’s Opening Statement
- Respondent’s Opening Statement
- Direct Exam followed by Cross Exam of each of Petitioner’s witnesses
- Petitioner rests Petitioner’s case
- Direct Exam followed by Cross Exam of each of Respondent’s witnesses
- Respondent rests Respondent’s case
- Possible rebuttal witnesses called to testify
- Closing arguments made by each side
- Decision rendered by the judge
The divorce judge often will rule and decide all of the pending issues on the same day as the trial. On occasion, the judge may take a break to review the judge’s notes and for the judge to deliberate in private. In that instance, the judge may return and immediately deliver the decision of the Court. This is called “ruling from the bench.” The judge may also “take the decision under advisement,” which means the judge will take a few days or weeks to make a determination. In such instances, the judge will usually schedule a future Court date for decision.
Familiarizing yourself with what to expect during the trial can alleviate your anxiety and allow you to concentrate on presenting your case effectively. It is essential to be prepared, organized, and respectful throughout the trial process. By understanding the proceedings and maintaining a composed demeanor, you can increase your chances of achieving a favorable outcome in your Illinois divorce trial.
Post-Trial Actions: Appeals and Enforcement
Once the judge has rendered their final decision in your divorce case, you may be faced with the challenge of ensuring that the terms of the judgment are actually compiled with or enforced. You must comply with the terms of the Court order or Divorce Decree. Otherwise, appealing the decision or requesting a reconsideration may be your only option if you believe the decision was unfair or reached in error. Motions to Reconsider, if filed, must be submitted to the Court within 30 days following the determination of the Illinois divorce judge. The options available to you regarding post-trial actions will vary depending on the specific facts of your case.
Appealing the Decision
If you believe that the judge’s decision in your divorce trial was unjust or based on a mistake in the law, you have the option to appeal the decision to the appropriate Illinois appellate court. To initiate the appeal process, you must file a notice of appeal and any other relevant supporting documents within 30 days of the divorce decree being issued. The appellate court will review the trial court pleadings and orders, and a written brief outlining the respective arguments of each party will also be reviewed by the Court. However, the Court will not consider any new evidence, because the trial Court has discretion as the “trier of fact.” While the appeals process can be complex and time-consuming, it provides one of the only real opportunities to challenge the judge’s decision at trial.
How to Conduct Yourself in Divorce Court
Facing a divorce trial can be a challenging and emotionally draining experience. You should not have to stress about how you look in Court or how you present yourself. For your appearance in Court, consider the following tips. Do not wear a suit and tie to Court, unless you are a lawyer. Non-lawyers should dress business causal in Court. Wear a collared shirt or the attire of a first date. Do not wear shirts with logos or clothing with unusual or loud colors. Conservative colored clothing makes you appear to be more credible, and your appearance reflects your respect for the Court. Lastly, consider the specific preference or leanings of the judge assigned to your case. If your divorce trial is being conducted virtually, review the Dos and Don’ts of Zoom Court.
The judge rarely gets to see or experience first-hand the evidence you are trying to prove. One exception is your physical appearance and how you present yourself in Court. How you conduct yourself during the divorce trial process can influence the Court’s decision and help you secure a favorable resolution for your case.
Summary
Navigating the Illinois divorce trial process can be a complex and emotional. Valuable insights and guidance from attorneys experienced in divorce trials are key to a successful divorce trial. You should know the roles of judge, the attorneys, the witnesses, and the various stages of the trial process. By understanding the steps involved, you can better prepare for the challenges ahead of you in your case. As you move forward, being well-informed can help you face this challenging situation with confidence and clarity.
Frequently Asked Questions
Can I request a jury trial for my divorce in Illinois?
No. Divorce trials in Illinois are bench trials, which means the judge serves as the trier of fact. A jury serves as the trier of fact in some cases, but not in divorce or custody cases that occur in the State of Illinois.
What happens if my trial is not done?
Every party in Court has the right to their day in Court. The Court will allow the amount of time the Court believes is sufficient for each side to present their case. Occasionally, this means that the trial will not be resolved in the amount of time allotted. The result can be significant delay in reaching a resolution in your case. Commonly, the Court has a backlog of cases that cause the remainder of your trial to be delayed for many weeks or months.
What happens at a pretrial for divorce in Illinois? How is it different from a trial?
At a pretrial for divorce in Illinois, the Court will review the plan for trial and address pretrial motions. At a pretrial conference attorneys from each party may negotiate or present their disputes before the judge for recommendations on settlement options. The judge’s recommendation can provide insight into how the court would rule should the case proceed to trial. For this reason, pretrial conferences commonly facilitate settlement. In contrast, a trial is required when all efforts at settlement fail.
Scheduling a Consultation with Zach Townsend
If your divorce case is already scheduled for trial, you don’t have much time to hire an attorney or change attorneys, so be sure to reach out to our office immediately by calling or texting us at (815) 200-8802. If your case is not scheduled for trial or you’d like to avoid going to trial, Attorney Townsend and the team at Pro Legal Care LLC can help you reach your goals as well.
