Bringing Divorce to Court: Is it Necessary?
When discussing the topic of divorce, our clients often ask whether or not going to court is a necessary part of the process. The short answer is: it depends. No two divorce cases are the same, each one requiring specialized attention and care. So, while we can’t tell you at the outset of your case whether you’ll need to prepare for court or not, we can at least educate you on the most likely scenarios that facilitate the need for judicial intervention. Borsberry Law can provide the guidance and legal support you need no matter where your case ends up.
Contested Divorce Cases
A contested divorce broadly encompasses the majority of reasons why your separation case might go to trial. If spouses cannot agree to the terms of a divorce, a judge can help make the final decision. In such instances, having an attorney is essential. If you wish for your side of negotiations to be agreed to, an attorney is your best method for convincing a judge. And if a lawyer is representing your partner, it’s twice as crucial to secure your own representation.
Child Custody Cases
The custody of your children is a significant decision for any separation. You and your spouse will always want what’s best for your kids. However, you might disagree with your soon-to-be-ex on the best ways to care for your children. If such is the case, a judge might be the only person that can make a final decision for you. Suppose you are especially worried over the treatment of your children or the other parent’s actions regarding visitation, child support, etc. In that case, an attorney can help you articulate your concerns to a judge.
Divorce cases born out of the abuse of a partner or child are especially challenging to contend with. Borsberry Law is here to assist you when attempting to remove yourself and your children from such hostile living conditions. To ensure your abuser can never harm you or your kids again, you must bring your case to trial. Our attorneys will assist in presenting evidence of an abusive relationship and ensure legal steps are taken to prevent an abusive partner from returning to your life. Abuse cases are some of the most serious we manage, and we’ll do everything in our power to protect you and your children’s well-being.
Uncontested Divorce Cases
Even in uncontested divorces, one of the two spouses needs to be present for court. Thankfully, of all the scenarios where your separation must be decided in court, uncontested divorces don’t require the formality of a trial. The main party who initiated the divorce proceedings must be present at the final hearing to make the separation official. Your attorney might ask you a few questions to confirm you understand the settlement terms. However, the entire process is relatively simple, and your attorney can handle the technical aspects of your divorce finalization.
Count on Borsberry’s Legal Support
Unexpected scenarios can arise throughout divorce proceedings, facilitating the need for legal representation. If this occurs and your case ends up in court, count on the family attorneys at Borsberry Law. We have extensive experience managing some of the most contentious separations, both in and out of the courtroom. If you’d like to learn more about our family law services or require assistance with other legal matters, contact us today at 309-637-9000. Also, we are located at 203 NE Jefferson St, Peoria, IL 61602.