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Naperville, IL 60564

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Divorce Basics: Is A Trial Always Necessary?


If you watch a lot of detective shows or are generally uninformed about what actually happens inside a courtroom, you may be under the impression that without a trial, there can be no resolution to a case. However, that isn’t true, especially when it comes to the breakdown of a marriage.

There are two potential paths to close any case involving the end of a marriage: Settlement or trial. As you can imagine, there are risks and advantages to both choices, which you must consider prior to moving forward in your case.

The Basics of Divorce: What Does it Mean to “Go to Trial?”

A trial is much like what you may expect from the lawyer shows on television: It lasts a few days, both sides present their case and outline the issues, and a judge makes a final ruling. However, there’s much more to a trial than that, especially when it’s your own life that’s the subject of a case.

Trials are inherently risky because you’re placing all decision-making power in the hands of your judge. Even if you have a strong case and evidence to support disagreements on several major issues, the judge may still rule against you.

Moreover, trials can be incredibly expensive. It takes weeks of preparation for your Naperville family law attorney to feel ready and hours in Court for the actual trial. As such, many clients spend thousands (if not tens of thousands) of dollars on the trial alone. This begs the question: Is a trial really worth it?

What Does it Mean to “Settle a Case?”

At Lawrence R. Surinak Ltd., and at many other firms, you’ll find that the goal is always settlement rather than trial. Settling a case before it’s set for trial means reaching an agreement with your former spouse and his or her attorney and outlining the agreement in all necessary documentation for your prove-up (i.e. your final Court date when your case is completed).

Settlement takes careful negotiation and compromise by both sides to reach a fair agreement that you can live with. Moreover, it saves you money and gives you complete control over the outcome to any issues that remain between you and your spouse. Because judges can be uncertain, settlement is a much less stressful alternative to trial.

Of course, not every case will settle. If there are issues that you and your spouse cannot agree on and mediation has failed, you will need to go to trial. If this occurs, you need an Illinois family and divorce law attorney in Naperville, Aurora or other Illinois suburbs that represents your best interests to ensure the best possible outcome to your case.

Whether a Settlement Case or a Trial, Lawrence R. Surinak Ltd. Can Help!

At Lawrence R. Surinak Ltd., we have over 35 years of experience in negotiating settlements and expertly advocating for our clients in trials. In doing so, we ensure you enjoy an outcome to your case that you feel comfortable with as you begin your new life.

If you’re thinking about leaving your spouse or would like to learn more about the process, take advantage of our free, 30-minute consultation by contacting us at 630-470-9990 or fill out our simple online form to find a time that works best for you. We look forward to speaking with you and offering our expertise and support during this period of transition in your life.

Concentrated on Family Law

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

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About Attorney Lawrence R. Surinak Ltd.

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

We continue to work with clients in Naperville, Wheaton, Lisle, Oswego, Downers Grove, and the surrounding areas to provide one-on-one support and attention that will help you through this difficult time.

If you have any questions or concerns, please feel free to contact us at any time. We look forward to offering our expertise and support to you throughout your case and after.