DuPage County Divorce Litigation Lawyers

Trial Attorneys for Contested Divorce Cases in Wheaton, Naperville and Surrounding Areas

In rare instances, couples are able to reach an agreement about the terms of their divorce on their own. Many others, particularly those with children or assets, require the help of outside professionals. Mediation, collaborative divorce, or settlement negotiations facilitated by an experienced divorce lawyer can help many couples resolve their differences without the need for litigation. Unfortunately, in some instances, there is simply no way that the divorcing spouses can reach a reasonable settlement. This can be due to the complexity of the issues of the case, an unreasonable spouse or a spouse who suffers from mental illness such as narcissistic personality disorder, or simply because spouses cannot communicate effectively to resolve their differences. When this occurs, litigation in the divorce process is unavoidable.

The experienced trial lawyers at McSwain Nagle Giese & Rapp, P.C. have helped many family law clients in and around DuPage County and surrounding collar counties navigate the litigation process and achieve successful outcomes. If your divorce is on track to result in trial, we will work diligently on your behalf to ensure that your rights are fully protected throughout the process.

Divorce Litigation in Cook County and Will County

The divorce process is not quite as dramatic as you might see in movies or television. Divorce cases in the state of Illinois are heard by a single judge, and there is no right to a jury. The litigation process starts with discovery, including the exchange of financial information and depositions. Once you make it to the courtroom for a hearing or trial, the attorneys present evidence and arguments. The judge applies the law to the facts of the case and renders an opinion and order on the issues before him or her.

There are many different reasons that litigation may become necessary in a divorce case. For example, amicable negotiations between you and your spouse may break down as tensions escalate over the details. Litigation may also be the best course of action in high-conflict situations, such as those that involve allegations of domestic abuse, infidelity, or dissipation of marital assets. Whatever the reasons may be, our team is equipped to provide the guidance you need to get you through the process in an efficient and cost-effective manner.

Divorce Trials in Illinois

In most Illinois divorce trials, the party who brought the petition for dissolution of marriage (the petitioner) and his or her attorney will have the opportunity to present arguments and evidence first. The attorney will advocate on his or her client's behalf through the use of verbal arguments, evidence such as financial documents or written communication between the parties, and witness testimony. If your divorce case is contested in court, your lawyer may call you to the witness stand to offer testimony that is officially documented through court records. Expert witnesses such as forensic accountants, social workers, or child psychologists may offer their professional opinions about the circumstances of the case as well.

Your spouse's attorney will have the chance to respond to the evidence and testimony presented. He or she will also make arguments on your spouse's behalf as well as present evidence and testimony to the court. Once the judge has heard from both sides, he or she will evaluate all of the information presented and then issue a ruling on the unresolved divorce issues. This ruling ultimately becomes a legally enforceable court order that must be followed by both parties. If you have reason to believe that the ruling was made in error, you have the right to appeal the judge's decision within 30 days.

Litigation Attorneys You Can Trust

The seasoned divorce attorneys at McSwain Nagle Giese & Rapp, P.C. have more than 100 years of combined experience helping clients with a wide range of divorce issues. We understand that obtaining a favorable outcome at trial begins with careful preparation and attention to detail from the moment you contact our office. Our team will employ a variety of strategies to help divorcing spouses reach an agreement regarding the division of marital assets and debts, parental responsibilities and parenting time, spousal maintenance, and other divorce issues, but we treat each case as if litigation might be necessary eventually. When a settlement cannot be reached through other means, we tenaciously advocate on our clients' behalf through courtroom litigation. Our attorneys have the education, experience, and resources necessary to give you the best chance possible of a favorable result.

Call Us at 630-407-1200 Today

At McSwain Nagle Giese & Rapp, P.C., we realize that most clients want to avoid the expense and stress of a trial. However, divorce litigation is sometimes unavoidable and may, in fact, be the best course of action for your case. For more information about how we can help you, contact our office. Call 630-407-1200 for a free consultation today. We serve clients in DuPage County, Kane County, Kendall County, Will County, Cook County, and the surrounding areas.