Should I Settle Or Take My Illinois Divorce Case to Trial?

 Posted on December 17, 2020 in Divorce

Ending a marriage is much more legally complex than many people realize. Getting a divorce is not as simple as dissolving the legal marital relationship and moving on. Divorcing spouses must also decide how to divide their property and debt, allocate the custody of children, and resolve several other issues. Many couples are able to reach an agreement about the terms of their divorce without court intervention. However, others end up going to trial. If you are planning to divorce, you may have questions about the difference between out-of-court settlements and divorce litigation, and wonder if there are ever circumstances in which it makes sense to take a divorce case to trial.

Reaching an Agreement Out of Court

Divorcing couples often struggle to agree on the terms of the divorce. Fortunately, there are several options in Illinois that may help you and your spouse reach a settlement. Many couples find family law mediation to be a useful avenue for reaching an agreement. However, mediation is not always effective. It is also possible that mediation will result in an unfair settlement that favors your spouse more than you. You may also be able to negotiate a settlement through your respective attorneys. Your divorce lawyer will understand how to protect your rights and fight for a favorable settlement. However, even with help from lawyers, a satisfactory settlement is not always possible. In situations like these, the case will go to trial.

When Does it Make Sense to Litigate?

Divorce litigation can be a time-consuming, complicated, and emotionally-draining process. However, sometimes litigation is the only way to avoid an undesirable outcome. If your spouse will not negotiate in good faith, attempts to hide assets, or lies about income or business revenue, it may be nearly impossible to reach a settlement that is based on the truth. Litigation may also be necessary if a spouse simply refuses to compromise or insists on divorce terms that are completely unreasonable. There are pros and cons to divorce litigation. You should choose to go to trial if you believe that the potential advantages outweigh the potential disadvantages of litigation. Your attorney can help you evaluate all of your legal options when it comes to divorce. He or she can sit down with you and go over the potential risks and rewards of each possibility.

Contact a Naperville Divorce Lawyer

The skilled DuPage County divorce attorneys at Pesce Law Group, P.C. are committed to helping you understand your divorce options and pursuing the option that will most likely result in a favorable outcome. To learn more about how we can help you, call our office at 630-352-2240 and set up your free, confidential consultation today.

Source:

https://www.forbes.com/sites/frawleypollock/2020/02/18/divorce-dilemma-settle-or-go-to-trial/