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When imagining going through a divorce, many people imagine a long and drawn-out courtroom battle. Although many couples resolve their issues during mediation, it is true that some divorce cases end up in trial, where a judge will make a decision on all the terms of the divorce. By the time a divorce case makes it to trial, there is often already a lot of animosity between the couple. Below are a few tips that can help prevent that from happening, and ensure your divorce trial goes as smoothly, and as quickly, as possible.
Even if your divorce does not involve children and you do not plan on seeing your spouse after the divorce is finalized, it is important to remain civil and communicate openly with your spouse. Fighting and arguments do not make the divorce process any easier for you or your spouse, and a judge is likely to get tired of it, too.
During the discovery phase of the trial, each side will provide the other party with documents pertaining to assets and property they own and that are considered marital property. It is important to make sure that you provide all of these, and that you double and triple check you have provided everything. Even an honest mistake could look like you are trying to hide assets and a judge will not look kindly upon it.
Selling marital assets such as a vehicle or even the home may seem like a good way to get a head start on the proceedings. However, it may also look like you are selling assets so they will not be part of property division proceedings. Again, the court will view this negatively and it could hurt how much property you ultimately receive.
This sounds like common sense, but parents can find themselves in the middle of a heated argument, either inside or outside of the courtroom, without realizing the children are watching or overhearing. Divorce is hard enough on children and seeing their parents fight all the time does not help. Always consider what is best for your child, even when a decision is being made on custody and support. This is what the judge will consider, so you should as well.
You may feel as though you are free to do as you wish during your divorce proceedings, but that is not the case. Until your divorce is finalized, you are married in the eyes of the law and so, you cannot marry anyone else. Some family lawyers even advise against dating until the divorce is final.
While anyone going through a divorce should speak to a skilled Hinsdale family lawyer, it is particularly important for individuals that are going to trial. At the Law Office of Martoccio & Martoccio, we have the necessary experience to represent you during trial, protect your interests, and secure the best settlement possible for you. Call us today at 630-920-8855 or contact us online to schedule your free initial consultation.