Kane County Family Law Litigation Attorneys

Divorce Lawyers in Geneva for Cases Requiring a Trial

When the average couple gets divorced, they typically begin the process by attempting to negotiate informally so that they can resolve their differences civilly. If informal negotiations do not produce a resolution, the next step may be to negotiate through hired divorce lawyers or through mediation. Sometimes, the tension and disagreements between the spouses are simply too much to overcome, and a reasonable settlement agreement cannot be reached. When this happens, the divorce will need to be resolved through litigation and a trial.

McSwain Rapp Law, LLC in Geneva, Illinois knows that litigation and trial are not likely to be your first choice when it comes to divorce. There are many challenges that come with taking your case into the courtroom, and the litigation process can be extremely stressful. Depending on your circumstances, however, going to trial might be the best avenue for you to obtain a favorable outcome in your divorce.

The Litigation Process in Illinois

For many people, the word "trial" brings to mind images of lawyers waving papers, aggressively questioning witnesses, and shouting objections in front of a judge, a jury, and a full complement of spectators in a large courtroom. In reality, most trials are much different from such a picture. Most family law cases, including divorce cases, are heard by a single judge, and it is up to the judge to make a decision about the case in question. Each party, usually through an attorney, will try to convince the judge to rule in his or her favor.

The family court judge assigned to your case has some discretion over how the trial process will go in his or her courtroom, but most of the basics are the same across the state of Illinois. If you filed the petition for divorce, you and your attorney would usually go first. Your lawyer is allowed to make verbal arguments, present physical and character evidence, and talk to witnesses while the judge supervises and listens. Physical evidence in a family law matter could include financial records, details regarding your marriage, information related to your needs for spousal support, and proof of ownership for your assets and debts.

If appropriate, your attorney may question witnesses, including you personally, to obtain testimony on the record. Your lawyer may call others with knowledge related to a specific element of your case, as well. For example, if you have asked for spousal support, a vocational expert could be called to estimate the financial value of your contributions as a stay at home parent.

Once your attorney has finished, the lawyer for your spouse will have the opportunity to respond to the information your attorney presented, including witness testimony. Your spouse's attorney will also get the chance to present your spouse's case as well, and your lawyer will be allowed to respond.

The Judgment

After both sides present their cases, the judge must review the information and apply the divorce laws of the state of Illinois. It is important to keep in mind that the judge will only decide on the concerns that you and your spouse have not already resolved. The judge may issue a ruling immediately, or the judgment could be issued within a few days or weeks after the trial ends. In either case, the decision will take the form of a court order that is fully enforceable by law. If you believe that the judge's ruling was affected by a mistake in the process or a misapplication of the law, you have the right to appeal the judgment.

Trusted Divorce Litigators in St. Charles and Elgin

Under the law in Illinois, family law trials are subject to very strict rules regarding procedure and evidence. The court does not and, in fact, cannot help you if you choose to represent yourself or use a lawyer who is not experienced in family law litigation. With this in mind, it is critical to work with an attorney who knows how to get results at trial.

McSwain Rapp Law, LLC is a tenacious litigator with years of experience both inside and outside the courtroom. She and her team have successfully handled many complex and difficult family law cases, including divorces, child custody disputes, and more. We have the background, resources, and tools to help you maximize your chances of obtaining a favorable divorce judgment.

Call 630-581-2877 Today

For more information about the litigation and trial process of an Illinois divorce, contact our office. Call 630-581-2877 for a free consultation regarding your case. Our firm represents clients in Geneva, St. Charles, Batavia, Elburn, Elgin, Wheaton, Naperville, Kendall County, DuPage County, Kane County, and the surrounding areas.