Even in uncontested divorce scenarios, it is common for a couple to still go to court for various reasons. However, this does not make these court visits an official trial. An official trial becomes mandatory when issues regarding the allocation of parenting responsibilities, child support, spousal maintenance, and property division cannot be settled in an agreement. A lawyer experienced in divorce proceedings, and trials can help you navigate the legal complexities of a divorce and represent you in a trial if necessary.

Can I Request a Trial at Any Time?

Requesting a trial at any point throughout the divorce process is possible. Parties with unresolved issues regarding children in a divorce can demand a trial occur within 18 months of a divorce filing. One side can oppose the trial as they may not be ready to participate. In this case, schedules can be set later depending on the reasons for the delay.

What Should I Expect from a Trial?

A divorce trial involves both parties, their attorneys, and the judge. The judge will listen to both sides' arguments and then decide on the unresolved issues. Both sides should gather evidence to support their claims in all contested issues. You can expect a pre-trial where both parties and their legal representation must confer with the judge. The judge will review all the unresolved problems and offer advice on the best way to proceed so that it does not go to trial.

Collaborative law and traditional divorce litigation are two very different ways to get a divorce. Collaborative law is a voluntary process during which divorcing couples work together with their attorneys to reach a mutually agreeable settlement. Traditional divorce litigation is an adversarial process in which couples go to court to have a judge decide the terms of their divorce.

If you are considering collaborative law, it is important to find lawyers who are experienced in this process. You should also make sure that you feel comfortable with your lawyers and that you trust them to help you reach a fair and equitable settlement.

Collaborative Law

Collaborative law is a voluntary process that focuses on cooperation and communication, so both parties must agree to participate. The goal is to reach a settlement that is fair to both parties and that meets the needs of their children.

There is not an official court action in Illinois for a marriage annulment. Instead, you will need to ask a judge for a judgment of invalidity. The meaning is the same but the outcome is rarely granted. This is because the grounds that must exist before you can ask a judge for a judgment of invalidity are very specific.

Whether a judgment of invalidity is right for you depends on your individual circumstances. Before you petition a court, it is important to speak with an experienced annulment attorney to discuss your case and determine if you meet the grounds necessary in the state of Illinois.

What are the Grounds for a Judgment of Invalidity?

In Illinois, there are four reasons the court outlines for invalidating a marriage:

Parents going through a separation or divorce will need to develop a solid parenting plan. Assuming both parents can and want to remain in the children’s lives, co-parenting and parallel parenting are two approaches to effective parenting. Both of these approaches can be successful, but it is important to choose the one that is right for your family and your individual circumstances.

Co-Parenting

Co-parenting is a parenting approach where both parents remain actively involved in their children's lives after separation or divorce. Co-parents work together to make decisions about their children's upbringing, including education, healthcare, and extracurricular activities. They also make an effort to spend time with their children on a regular basis.

Benefits of co-parenting include:

In an ideal divorce, both spouses agree to end the marriage and work together to divide assets and, if necessary, decide on a parenting plan. However, not all divorces are this simple. Sometimes, one spouse may not cooperate, which can lead to a longer and more difficult process.

It is important to speak with an attorney if you are considering divorce and your spouse is refusing to participate in the process. An attorney can help you understand your options and provide guidance on what to do next.

Why Would Someone Not Sign Divorce Papers?

In a divorce case, the defendant is not required to sign any papers agreeing or not agreeing to the divorce. However, there are a variety of reasons why spouses may refuse to participate in certain aspects of the divorce proceedings, such as: