Joliet Contested Divorce Attorney
What is a Contested Divorce?
Divorce is a difficult and emotionally charged process that can be overwhelming for everyone involved. Even in cases where both parties agree to the divorce, there are still many important issues to consider, such as the division of marital property, child custody and child support arrangements, spousal support, and more. When spouses cannot come to an agreement on these matters, divorce litigation may become necessary. In these situations, it is essential to seek legal representation from an attorney who has experience representing clients in contested divorce cases.
At Reeder & Brown, P.C., our skilled lawyers can provide invaluable guidance throughout the entire divorce process. We understand the laws that affect these cases, and we can advise you of your options for resolving disputes and the steps you can take to minimize conflict. When matters need to be handled in the courtroom, we are fully prepared to advocate for your interests. We will work to ensure that your rights are protected every step of the way so that you can complete the divorce process successfully and move on to a better future.
Understanding the Divorce Litigation Process
Most divorce cases are uncontested, but this does not mean that spouses will not encounter conflict during the divorce process. No matter how simple or complex a case may be, there is likely to be some animosity between spouses, and disagreements may arise about how different divorce-related issues will be handled. In many cases, spouses are able to resolve their differences and negotiate a divorce settlement that fully addresses all outstanding issues in their case.
While spouses are encouraged to work together when possible and reach agreements on the terms of their divorce settlement, there may be some situations where negotiations may reach an impasse. In high-conflict cases, one or both spouses may be unwilling to negotiate, or one spouse may make unreasonable demands or refuse to budge on certain issues. In cases where agreements cannot be reached, divorce litigation may become necessary.
When a divorce case proceeds to litigation, certain steps will be followed:
- Discovery - After the divorce process begins, the spouses will exchange information with each other to ensure that they have a complete understanding of the issues that will need to be addressed in their case. Each party's attorney may use different methods to obtain the necessary information, including sending interrogatories or requests for the production of documents to the other party, requesting that the spouses or other parties participate in depositions, or using subpoenas to obtain information from a spouse or other parties. Discovery will be used in both contested and uncontested divorce cases, but it can be especially important when preparing for litigation, since it will ensure that a person will have the information they need to address financial matters and other divorce-related issues.
- Pre-trial - A couple will be encouraged to negotiate with each other and attempt to create a settlement before their case proceeds to trial. In some cases, a judge may order spouses to use mediation. If negotiations fail, and agreements cannot be reached, the parties may prepare for a trial. Before the trial, the parties' attorneys will usually meet with the judge in a pre-trial conference where they will discuss the facts of the case and the outstanding issues that need to be resolved. The judge may offer some suggestions on how matters may be resolved, and the parties will be encouraged to reach agreements that will allow them to finalize their divorce through a settlement. If any issues cannot be resolved, the trial will be held as scheduled.
- Trial - During a divorce trial, each party will make their case to the judge and ask for different issues to be decided in their favor. Each spouse's attorney may make arguments, present evidence, and call or cross-examine witnesses. The judge will then review the evidence, arguments, and facts of the case and make decisions about how all outstanding issues will be resolved. A divorce judgment will then be issued that will legally dissolve the marriage, and both parties will be required to follow the orders put in place by the judge.
Contact Our Will County Contested Divorce Lawyers
Divorce litigation can be very complicated, and it is crucial to work with an attorney who can ensure that the right arguments are made and evidence is presented correctly. At Reeder & Brown, P.C., we provide our clients with strong, effective representation throughout the entirety of the divorce process. While we will work to negotiate agreements when possible, we are fully prepared to advocate for your interests in the courtroom. We will provide you with guidance on when divorce litigation may be necessary, and we will make sure you understand the steps you can follow to achieve a successful outcome to your case.
To learn more about how we can help with contested divorce matters, contact us at 815-885-5980 to arrange a free consultation. We serve clients throughout Will County and the surrounding areas, including Joliet, Plainfield, Aurora, Mokena, Lockport, New Lenox, Romeoville, and Bolingbrook.