Will I Have to Go to Court for My Divorce?

Understanding What is Required of You

When you think about your divorce, you may picture you and your spouse standing on opposite sides of the courtroom, each of you ready for battle. The reality for most couples, however, is considerably different. It is much more likely that your divorce will consist of, at most, a series of motions and hearings leading up to a relatively simple entry of a judgment by the court. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we realize the legal process of divorce can be very confusing and often overwhelming, and we are here to provide the assistance you need.

During your divorce, you and your spouse will be required to appear in court at least one time and possibly more, depending on the circumstances and complexity of your case. Your attorney can appear in court on your behalf in many instances, but there are certain proceedings for which you must be personally present. By understanding when court appearances may be required, when agreements can be negotiated outside of court, and what steps can be taken to complete the divorce process as quickly and efficiently as possible, you can be prepared to approach your case successfully.

An Attorney Can Simplify Your Divorce

If you have retained an attorney for your divorce, he or she can appear on your behalf for most of the proceedings. You always have the option of going with your attorney to court, but you will not always be required to do so. There are exceptions, of course, as it is mandatory for you to appear for hearings regarding temporary relief, for trial, and for a prove-up hearing where your divorce is finalized.

During the divorce process, our lawyers can advise you on the best steps to take to protect your rights and interests while working to resolve the outstanding issues in your case. We will help you negotiate a divorce settlement that will meet your needs, protect your rights, and provide for your children's best interests. We will advise you on whether methods such as mediation or collaborative law may be beneficial for you and your family. This can ensure that you can hold productive discussions, address issues while minimizing conflict, and reach agreements on matters such as the division of marital property, spousal maintenance, and child custody.

If litigation becomes necessary, we will make sure you understand the procedures that will be followed. We will be there with you during any required court appearances, making arguments that support your desired outcome and advocating for solutions that will meet your needs. If your case proceeds to a divorce trial, we will make sure you are fully prepared, and we will present evidence, question witnesses, and make arguments on your behalf, working to achieve your goals.

Contact Our Wheaton Divorce Lawyers

Going to court on your behalf is just one of many ways that an experienced attorney can be helpful throughout your divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work hard to make the process easier and less stressful for our clients whenever possible. Our lawyers make sure that you fully understand all of your options and the possible implications of your decisions. To learn more about how we can help, contact our office today. Call 630-665-7300 for a confidential consultation. We are proud to serve clients in Wheaton, Naperville, Carol Stream, Downers Grove, and the rest DuPage County, as well as Kane County and Kendall County.