Trial vs. Settlement: Will My Chicago Divorce Case be Resolved by Settlement or Trial, and How Will I Know?
When a person in Chicago initiates a divorce, it can be a somewhat scary and uncertain time if they decide to represent themselves and navigate the process alone. Indeed, the Chicago divorce process is a complex one, with state laws, court rules, and judge’s preferences to contend with both in building the case and in when in court. One of the questions that a person who is going through the Chicago divorce process may have is whether they will need to go through a full-blown trial in order to finalize their Chicago divorce. The truth of the matter is that most Chicago divorce cases actually do not go all the way through trial, but, rather, they get resolved through mediation or other forms of negotiation between the divorcing parties. But how does a person going through the Chicago divorce process know if they will have to go to trial, or if their case may settle before a full-blown trial? To help people in Chicago who are seeking a divorce better understand the Chicago divorce process, we discuss that question here.
Resolving Disputes by Agreement
Although divorcing individuals often disagree about issues in the divorce, more often than not they are able to resolve these issues through divorce mediation or other forms of negotiation. Importantly, divorce mediation and other forms of negotiation are completely voluntary and both sides need to agree to work the negotiation and early resolution process if they want it to work. Without cooperation on both sides to resolve all the issues that a divorce requires to be finalized, the early resolution process does not work.
Finalizing a Divorce by Trial
If a couple cannot agree amongst themselves to resolve the key issues of a divorce, then they will have to litigate the divorce and finalize the divorce by a full-blown trial. In a trial, the judge will get to have the final say about how any unresolved issues of the divorce are to be resolved. This takes the litigation out of the parties’ hands and into the judge’s hands. Accordingly, divorcing individuals should think hard about whether they want the judge to be the ultimate decider of the divorce litigation.
In sum, most divorces are actually resolved pre-trial through mediation or other forms of negotiation. However, if the parties cannot agree on key issues that are required to be resolved before the divorce is finalized, they will have to go to trial for a judge to rule on those issues.
If you are in the Chicago area and you are seeking a divorce, contact the experienced Chicago divorce lawyers at Arnoux Sharma & Standeford, LLC. The experienced Chicago divorce lawyers at Arnoux Sharma & Standeford, LLC are here to help Chicago individuals with their complex and challenging divorce matters for the best chance of success. Do not hesitate to speak with a lawyer about your case today. Contact the experienced Chicago divorce lawyers at Arnoux Sharma & Standeford, LLC and speak to a lawyer about your case now.
