How Many Times Will I Have to Appear in Court for a Divorce?

 Posted on November 21, 2024 in Divorce

Divorce can be anxiety-inducing and stressful, even under the best circumstances. The necessity of appearing in court can wreak havoc on your work schedule and ability to meet the needs of your children. Even if your divorce is relatively simple or uncontested, you will still have to appear in court for certain actions. However, there are certain issues that can be handled by your attorney and for which you do not have to be present.

Any time a temporary issue is being litigated and the court requires evidence to be presented, you should be present. Even in a divorce that is settled outside of court, you are still likely to be required to appear in court for the finalization of the divorce. This is because the mere signing of a divorce settlement does not make you "divorced."

Only a settlement signed by a judge results in an actual divorce. The potential situations that will require your attendance in court are more fully discussed below. Speaking to an experienced Rolling Meadows, IL divorce attorney is a very positive step you can take to achieve the best outcome. An attorney from Law Offices of Donald J. Cosley can more fully answer your questions and explain the divorce process.

Times When You Will Be Required to Appear in Court During Your Divorce

You will usually be required to be present in court for the divorce prove-up. A prove-up occurs when the judge confirms that all legal requirements have been met by both parties, and the court awards a Judgment for Dissolution of Marriage after approving the marital settlement agreement and the parenting plan.

While some Illinois counties allow affidavit-based prove-up, many others do not. In addition to the prove-up, you will likely have to appear in court when any of the following occur during an uncontested divorce:

• During temporary financial arrangements, including temporary child support, temporary maintenance, and temporary parenting time
• For a temporary relief issue in which one party has filed a petition and the other files a response.
• Perhaps once during the divorce to confirm that you and your spouse are in agreement on all issues.
• At the final divorce hearing, or prove-up

 If you are in a contested divorce, you will be required to attend court much more often, depending on the outstanding issues that must be resolved. Some of these include:

•  During any requests for temporary child support, spousal support, or the allocation of parental responsibilities.
• For any proceeding that requires the production of evidence.
• Any hearing that relates to central issues of the case: child support, parental responsibilities, spousal support, etc. This could be one hearing or several hearings.
• Along the way, you may be required to attend a deposition in the attorney’s office.
• If your case goes to trial because you and your spouse cannot agree on one or more issues, you will be required to be in court for the duration of the trial, regardless of how long it lasts.
• At the end of your divorce, when the judge finalizes the divorce.

A divorce trial can take several days or several weeks. Regardless of how long it takes, the judge expects both parties to be present every day.  

Contact an Arlington Heights, IL Divorce Lawyer

Your Rolling Meadows, IL divorce attorney will ensure you are informed of every hearing, including whether you must personally attend. Attorney Don Cosley personally handles every aspect of each case. You will never be "passed off" to a paralegal or other staff member. When you call, you will speak directly with attorney Cosley. Contact Law Offices of Donald J. Cosley at 847-253-3100 today to schedule your free consultation.