Divorce Litigation

Here is a quick overview of the divorce litigation process in Illinois:

• You or your partner file a request asking the court to resolve an issue.
• Both of your lawyers will gather all the information necessary to settle the dispute, then present it before a judge.
• The judge then rules and settles the issue with a decision, which is final unless one of you decides to go to a higher court and appeal that decision.

At Stern Mendez in Evanston, Chicago, Lake Forest and Oak Brook, our goal is to amicably resolve as many issues in your divorce as possible. But we also recognize how important litigation can be when it comes to ensuring that any disputed issues are fully and properly resolved before the dissolution of the marriage. We will not only fight vigorously in court should your case require, but we are also committed to explaining the process every step of the way.

Divorce litigation can be stressful, costly and time-consuming. Stern Mendez is dedicated to supporting you and providing clarity throughout the process.

The Process of Divorce Litigation in Illinois

In our experience, this is a comprehensive overview of the divorce litigation process in Evanston, Chicago, Lake Forest and Oak Brook, as well as in the other suburbs where we practice. Litigation can be complex and each case will be unique, so contact Stern Mendez at any time to review the specifics of your family law case.

1. Pleading
   The litigation process begins with the filing of a pleading, which explains the issue and asks the judge to rule a certain way. Divorce cases almost always begin with the filing of a Petition for Dissolution of Marriage.
   1. A pleading must:
      • Explain the issue
      • Inform the court of its authority to resolve the issue
      • Request the judge to rule a certain way

      There are no limits to the number of pleadings that may be filed in a case. Litigated cases are commonly comprised of many different petitions and motions.

2. Response
   All pleadings must be answered; this is called a response. The response from the opposing party states their stance on the contested issue and whether they agree or disagree with the requested ruling. (In some cases, the pleading is addressed by the court, thereby rendering a response unnecessary.)
3. Discovery
   With the issues and the parties’ respective positions established, the case typically moves to the discovery phase. Discovery is the legal process that entitles the parties to request information from each other and from relevant third parties. Discovery requests can touch upon any relevant issue, but most commonly address financial information.
   1. Items in discovery phase include:
      • Written interrogatories (written questions)
      • Notices to produce (requests to produce relevant documents and other tangible things)
      • Subpoenas (requests for information) directed toward other people and institutions, which frequently include banks and a party’s employer
      • Depositions (oral questions under oath)
4. Pretrial Conference
   Once the parties have gathered the information necessary to present their case, they typically proceed to a pretrial conference. A pretrial conference is a meeting between the parties’ respective divorce attorneys and the trial judge. Each divorce attorney will present his or her client’s positions and advocate for a ruling in their favor. Following a thorough discussion of all the issues, the judge will suggest the details of a settlement. The parties will then have the option of accepting the settlement terms or proceeding to a hearing or trial.
5. Hearing/Trial and Ruling
   During a hearing (which resolves a single issue) or a trial (which resolves several issues), each party can present testimony and evidence and refute the allegations put forth by the other side. After all evidence has been presented, the judge then decides a ruling on the issue(s). This ruling is usually final, unless one of the parties wants to go to a higher court to appeal the issue.

As is the case with all legal proceedings, it is important to consult with your Chicago divorce lawyer about your individual strategy. Each divorce case requires a unique approach to litigation and settlement, and only your family law attorney will be able to provide you with that guidance.

Contact Our Divorce Law Firm in Evanston, Chicago, Lake Forest and Oak Brook

We are happy to discuss your Illinois divorce case at any time and provide our opinion on how your case should be resolved. Contact Stern Mendez for a free consultation at (847) 868-9584.