A judge in Kankakee County will settle the issues at a divorce trial if the parties cannot agree. During the trial each party will present arguments and the judge will consider all the available evidence prior to making their final decision. Because the judge’s decision is final, it is important to work with an experienced attorney when litigating a case.
A Kankakee County divorce trial will look differently depending on what is at stake. Typically, they take place in the afternoon. There could be times that they are in the morning, but because there are only two judges, the morning is usually reserved for the general status of cases and smaller contested issues.
The courtroom for a divorce trial looks similar to any other courtroom. There is an attorney’s table, the judge sits in the front. Witnesses go on the witness stand and are asked questions under oath. Following the presentation of the evidence, the judge makes a decision.
It is rare that divorce cases go to trial because the cost of going to trial is significant. They are often taking multiple years of information and trying to summarize it for a judge who has never heard the facts of the case. The attorneys must illustrate the important issues to the judge, so the judge understands what is at stake and why the judge should rule in their favor.
The length of a divorce trial depends on the issues that are involved. If there are only a few smaller issues the judge must address, it may take one or two afternoons. If it is a complex case that involves multiple witnesses, it could take a week or two more. It also depends on how much evidence and how many witnesses are needed.
There are several common mistakes people may make. One common mistake people make when going through a divorce in Kankakee County is underestimating the time the process takes, whether it is on their own or through an attorney.
People often mistakenly believe that fault matters. The reality is that it is a no-fault divorce state, so it generally does not matter why the parties are filing for divorce. Not being prepared is another common mistake. They need to be able to prove their side through the rules of evidence and using the laws of the court.
The role of mediation and litigation in the context of Kankakee County divorce is primarily to settle issues with children. A good mediator helps facilitate dialogue between the parties so that they could make an agreement on their own.
Litigation comes into play when mediation fails and the parties must ask a judge to make a decision. In this scenario, the evidence would be presented to the judge who would then make a final decision and end the case.
If a case cannot be settled in Kankakee County, it must be brought to a divorce trial where a judge will make the final decision. For the help you need with your divorce, call Reidy Law Office LLC.