Tag Archives: divorce trial

Il divorce lawyerAlthough the majority of divorce cases are settled before they enter litigation, the reality remains that many cases require a trial. If your divorce is headed to trial, it is normal to feel intimidated and overwhelmed by the prospect of going before a judge and stating your case. Still, there are certain things to remember that can help you feel confident throughout the length of the trial, and give you a better chance of a positive outcome.

Dress Appropriately

It may sound obvious, but you should always dress appropriately any time you have to appear in court. Do not dress casually or wear provocative clothing. Instead, dress professionally wearing either a suit or another item that provides a clean and neat appearance. This shows that you have respect for the entire process and the court and will win favor with the judge.

Keep Answers Short

During a divorce trial, you will likely have a lot to say and you will want the judge to know your full side of the story. However, it is best to keep your answers short and to the point. Providing too much information can actually make your case less compelling. Also, if you provide too much information, it could hurt your case. Your lawyer will always make sure that the most important information comes to light during the trial.

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IL divorce lawyerDivorces that go through litigation take longer and are often more expensive than divorces that settle out of court. Unfortunately, sometimes there is no other option. Although the term ‘trial’ often has people imagining lawyers battling it out and yelling at each other, that does not actually happen. So, if your divorce must go to trial, what can you expect? Below are the basics of what will happen in any divorce trial in Illinois, so you can know what to expect if that is where yours is headed.

When Is a Trial Necessary in Divorce?

There is a good chance that during the divorce proceedings, one or both spouses may have to go to court. These are usually hearings though, and not an actual trial. A trial is only necessary when the spouses cannot agree on terms such as maintenance or child support.

When the couple cannot agree to all the terms of a divorce and it goes to trial, a judge will make the final decision on those terms. This is one reason why couples often try to avoid litigation but again, that is not always possible.

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Hinsdale divorce lawyer, testify in a divorce caseEveryone seems to ask this question when they are going through divorce. First of all, not every case is contested and requires deposition or courtroom testimony. In fact, it is less frequent than you might assume. However, let us say, for the sake of the argument, that you are called to testify in a case, either as a party to the case such as the husband or wife or as a witness to events in the case.

You may be called to testify as a willing witness on your own behalf or as a witness for friend or family.

Assuming that it is a “friendly” request for your testimony—you are called as a friend of the person whose case it is—then you will be examined on direct examination by an attorney who will try to ask you questions which are designed for you to answer in a positive way to help your friend’s case.

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Divorce Discovery DepositionA discovery deposition is a significant part of the divorce proceeding, since opposing counsel gains pertinent information regarding what you will testify to at the trial and also an impression of the type of witness you will make at trial. Often, cases are settled on the basis of the evidence that is given at a deposition. Remember that the first opportunity opposing counsel will have to see how you come across as a witness will be at the deposition.

1. Since we are attempting to make a good impression on opposing counsel, you should appear dressed for the deposition the same way that you would dress for court.

2. The most important thing to remember at a deposition is to listen carefully to the question asked of you, answer that question and only that question, and then stop your testimony. For example, if you are asked the date of a certain occurrence, state the date, but do not go on to comment on the weather on that date. Again, answer the question asked and that question only.

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illinois divorce discovery deposition"I am going through an Illinois divorce, and the other lawyer has requested that I appear for my discovery deposition. What should I expect?"

If I was your divorce lawyer here is what I would tell you:  A discovery deposition in simplest terms is question and answer session in which the opposing attorney has the opportunity to ask you questions about your divorce case.

One purpose for the opposing lawyer to take your deposition is to obtain information from you about the issues in your divorce. For example, if you have children, information related to their custody or visitation may be asked. Income, support or maintenance as well as family expenses, assets and debts are among the many subjects of deposition questions. The questions vary from case to case depending upon what is in dispute.

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