What happens if divorcing couples can’t reach a settlement and go to trial?

By Madilyn Keating Ellsworth
July 10, 2017
What happens if divorcing couples can’t reach a settlement and go to trial?

If they’re contested issues in a divorce case the parties can’t work out between themselves and their attorneys, then it may be necessary to proceed to court for a hearing or a full trial. If a case does go to court the parties will file the necessary pleadings or motions according to a briefing schedule which will be set by the court.

These pleadings set forth each party’s position to the court on a particular issue and lay out the basis of their positions and arguments. After the necessary pleadings are filed the court will conduct a hearing on the particular issue. The court will listen to both parties’ arguments and the evidence presented. The court considers the relevant case law, any statutory authority, and all of the evidence, and issues a decision.


Madilyn Keating Ellsworth is an associate attorney at the Chicago-based firm Boyle Feinberg, P.C. Madilyn practices all aspects of family law including child custody, child support, distribution of assets, and post-dissolutions matters. To learn more about Madilyn and her firm, visit www.boylefeinbergfamilylaw.com or the firm’s profile.

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July 10, 2017
Categories:  FAQs

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