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When Does it Make Sense to Go to Trial During an Illinois Divorce?

Posted on in Divorce

Kendall County divorce attorney

Before a divorce is finalized, the terms of the divorce must be established. Depending on your situation, you may need to address the allocation of parental responsibilities and parenting time, the division of property and debt, possession of the marital home, spousal maintenance, and more. Spouses are encouraged to reach an agreement about these issues outside of court. You and your spouse may be able to negotiate a settlement with help from your lawyers or through an alternative resolution method. However, some divorce cases simply cannot be resolved outside of court and the case goes to trial.

When a Spouse Refuses to Be Reasonable

You deserve to have a divorce settlement that is “equitable” or fair. While most divorcing spouses aim to avoid litigation, this is not always possible. If your soon-to-be-ex refuses to cooperate or insists on unreasonable terms, you may not be able to reach an agreement without giving up your right to a fair outcome. Unfortunately, some divorcing spouses will do whatever they can to make the divorce process as difficult on the other spouse as possible. They may insist on terms that they know are unfair just to draw out discussions and settlement negotiations. In cases like these, taking your case to trial may be the best way to ensure that your right to a fair divorce settlement is protected.  

When There is a Power Imbalance or a History of Domestic Abuse

Domestic violence often includes physical abuse, psychological manipulation, intimidation, and financial exploitation. The main themes in most abusive relationships are power and control. The abusive spouse attempts to bully the other spouse into submission through violence and threats. If you have been physically, emotionally, or financially abused by your spouse during your marriage, it is very likely that he or she will continue this behavior during your divorce. This can make reaching a compromise impossible.

When a Spouse Hides Assets or Lies About Finances

Spouses are expected to provide a full and accurate accounting of their assets, liabilities, and income during a divorce. However, some divorcing spouses lie about their finances in an effort to gain an advantage during a divorce. If the truth is not uncovered, determinations about the property and debt division, child support, spousal maintenance, and other issues will be based on false financial information. A lawyer experienced in uncovering hidden assets through discovery can help ensure that your divorce settlement or judgment is based on accurate information.

Contact a Geneva Divorce Litigation Attorney

If you and your spouse cannot reach a resolution about the terms of your divorce, your case may go to trial. An experienced Kane divorce litigation lawyer from Emily Rapp at McSwain Nagle Giese & Rapp, P.C. can strongly advocate on your behalf in court. Call our office today at 630-402-0185 to schedule a free consultation.



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