An Overview of a Divorce Trial: What to Expect

 Posted on April 24, 2025 in Divorce

While most divorces in Illinois are resolved through settlement, sometimes litigation becomes necessary. When negotiations break down or major disagreements remain over issues like property division, child custody, or spousal maintenance, a trial may be the only way to resolve matters. If you are heading toward a divorce trial in DuPage County, knowing what to expect can help reduce stress and improve your ability to make informed decisions.

At Weiss-Kunz & Oliver, LLC, we prioritize mediation and collaboration whenever possible. These methods are often more efficient, less emotionally draining, and better able to give spouses more control over the outcome. However, we also know that some divorces—especially those involving high-value assets or deeply entrenched disputes—require strong courtroom advocacy. Our Elmhurst, IL divorce attorneys are prepared to fight for you when necessary, and we are committed to offering responsive, strategic representation every step of the way.

What Happens Before a Divorce Trial Begins?

Before your divorce reaches the trial stage, there will be months of preparation. Divorce litigation is more like a marathon than a sprint, and the pretrial phase is often the longest part of the process. Here is what you can expect:

Filing and Response

One spouse (the petitioner) files a Petition for Dissolution of Marriage. The other spouse (the respondent) has 30 days to file a written response. This sets the case in motion and identifies the primary issues in dispute.

Temporary Orders

While the divorce is pending, the court may issue temporary orders regarding child support, parenting time, spousal maintenance, or exclusive possession of the marital home. These orders are not final but help stabilize the situation during litigation. In high-conflict cases, temporary orders can be crucial for setting boundaries and ensuring financial support.

Discovery Process

Discovery is the formal exchange of information between spouses. In high-asset divorces, discovery can be extensive and may involve complicated financial documents, business records, and valuation reports. It may include:

• Interrogatories (written questions requiring written responses)

• Requests for production of documents (such as bank statements, tax returns, business ownership interests, investment portfolios, and trust documentation)

• Depositions (sworn testimony taken outside of court)

• Subpoenas to third parties, such as financial institutions, employers, or business partners

• Requests for admissions (statements the other party must admit or deny)

The goal of discovery is to ensure both parties have a complete picture of the marital estate and the facts relevant to child custody, support, and property division. In high-net-worth cases, discovery often requires collaboration with forensic accountants, tax professionals, and appraisers to evaluate assets and uncover any attempts to hide income or undervalue property.

Pretrial Conferences and Settlement Talks

Judges in Illinois encourage settlement and may require parties to attend a pretrial conference. During this informal hearing, the judge gives an opinion on how the court might rule on key issues based on the information presented. This can help both sides better evaluate the strengths and weaknesses of their cases.

If the parties still cannot reach an agreement, the case moves forward to trial. However, settlement remains an option at any point in the process, even during trial.

How Is a Divorce Trial Structured in Illinois?

A divorce trial in Illinois is a formal legal proceeding held before a judge — there is no jury. Trials are typically held in the Circuit Court of the county where the case was filed. In DuPage County, most family law trials take place at the courthouse in Wheaton. These are the main stages of a divorce trial:

Opening Statements

Each attorney makes an opening statement to explain their client’s position and outline what they intend to prove. These statements are not evidence but provide a roadmap of the case and introduce the judge to the themes each side will rely on during the trial.

Presentation of Evidence 

The petitioner presents their case first, followed by the respondent. This stage is often the most involved and can span several days in complex or high-asset cases.

Examination and Cross-Examination

Each witness is subject to direct examination by the attorney who called them, followed by cross-examination by the opposing attorney. Strong cross-examination can challenge the credibility of a witness, expose inconsistencies, and emphasize points that favor the opposing party. Attorneys may also conduct redirect questioning to clarify or rebut issues raised during cross-examination.

Closing Arguments

Once both sides have presented their evidence, each attorney makes a closing argument summarizing the case. The closing argument is a critical opportunity to tie together the evidence and persuade the judge to adopt their client’s proposed outcomes. Lawyers will often refer to statutes, case law, and the credibility of witnesses to make their case.

What Kind of Evidence is Used in Divorce Trials? 

Each party will testify about their view of the marriage, their contributions to the household or family, the needs of the children, and any financial or emotional misconduct. Attorneys prepare their clients thoroughly for this testimony, as it often forms the backbone of the case. Other evidence includes: 

Expert Witness Testimony

In high-asset divorces, expert witnesses play a central role. A forensic accountant might testify about hidden assets or the true value of a business. A vocational expert could assess a spouse’s ability to earn income in support or maintenance disputes. Mental health professionals may offer insights into parental fitness or the children’s emotional needs.

Custody and Parenting Evaluations

If child-related issues are contested, a custody evaluator or guardian ad litem may be called to testify about what arrangement serves the best interests of the children. These professionals provide detailed reports and may testify about their investigations, which can include home visits and interviews with parents and children.

Financial Documentation

This includes bank statements, tax returns, W-2s, 1099s, business profit and loss statements, real estate appraisals, and retirement account records. These documents help the court determine marital versus non-marital assets, income levels, and potential spousal support obligations.

Electronic Evidence

Emails, text messages, social media posts, and other digital records are increasingly used in divorce trials. These can show misconduct, provide context for financial transactions, or highlight communication issues that affect parenting decisions.

Photographs, Recordings, or Calendars

In some cases, visual evidence can be used to corroborate testimony about property damage, living conditions, or time spent with children.

The Judge’s Ruling in a Divorce Trial

The judge may issue a ruling immediately after the trial, but more often, the case is taken under advisement. The judge may request additional written arguments or post-trial briefs before issuing a written decision. The Judgment for Dissolution of Marriage addresses all unresolved issues, including:

• Property division

• Debt allocation

• Parenting time and parental responsibilities

• Child support

• Spousal maintenance

• Responsibility for attorney’s fees

Judges in Illinois are required to issue written findings on matters like asset division and parenting time, especially in contested cases. These findings become part of the public court record and can be appealed if one party believes the court made a legal or factual error.

If either party disagrees with the outcome, they may file a motion to reconsider or a notice of appeal. However, appeals must be based on errors of law or procedure — not simply dissatisfaction with the outcome.

Common Questions About Divorce Trials in Illinois

How Long Does a Divorce Trial Last?

Most divorce trials last one to several days, but complex or high-asset cases may take longer. Trial dates may not be consecutive, depending on the court’s schedule, the number of witnesses, and the complexity of the issues.

Can I Avoid a Divorce Trial Once it is Scheduled?

Yes. Many cases settle shortly before trial begins, even on the morning of the first day. Settlement is always an option unless the judge has already entered a final judgment. Reaching an agreement before trial can reduce costs and give both parties more control over the outcome.

Will My Children Have to Testify in My Divorce Trial?

Generally, no. In most cases, judges do not allow minor children to testify unless there is a compelling reason. Instead, the court may appoint a guardian ad litem or custody evaluator to represent the child’s interests and provide the judge with a neutral assessment. When children are required to testify, they rarely need to do so in open court. Instead, they are typically interviewed by a judge in the judge’s chambers to protect the child from exposure to an often hostile process and environment.

What if My Spouse Lies in Court?

Perjury is a serious offense. Your attorney can challenge false statements through cross-examination and present evidence that contradicts your spouse’s testimony. The court may also draw negative inferences from a party’s dishonesty.

Is a Divorce Trial More Expensive Than Settling?

Almost always. Trials involve additional attorney time, preparation, and court appearances. There may also be expert witness fees and costs associated with document production or subpoenas. However, when significant assets or parental rights are at stake, trial may be the only way to protect your interests and ensure a fair result.

Why the Right Legal Team Makes All the Difference in an Illinois Divorce Trial

Trial is not simply a matter of showing up and telling your story. It requires skillful preparation, in-depth knowledge of Illinois law, and the ability to make a compelling case under pressure.

At Weiss-Kunz & Oliver, LLC, we understand how high the stakes can be in contested divorces, especially when complex financial matters are involved. Our attorneys have extensive experience in litigation, but we never rush to trial. We explore mediation and other forms of alternative dispute resolution whenever possible, and many of our clients appreciate our thoughtful, collaborative approach.

Still, we are trial-ready when needed. We work closely with forensic accountants, appraisers, and other professionals to uncover hidden assets, analyze financial records, and ensure our clients receive a fair and equitable outcome. Whether you are dividing a business, protecting a retirement account, or fighting for parenting time, we bring clarity, strategy, and unwavering commitment to your case.

We also believe that high-quality service matters. Our clients receive personalized attention, regular updates, and clear explanations throughout their cases. We pride ourselves on being responsive, thorough, and compassionate — qualities that matter deeply during one of the most difficult periods of your life.

Contact an Elmhurst, IL Divorce Litigation Lawyer for Skilled Trial Representation

If your divorce case is heading to trial, you need an experienced DuPage County, IL divorce trial attorney who can fight for your rights in court while staying focused on your long-term goals. At Weiss-Kunz & Oliver, LLC, we offer strategic, compassionate representation for every client and their family. Whether your case involves complex property division, custody disputes, or a spouse who refuses to negotiate, we are ready to help. Call Weiss-Kunz & Oliver, LLC at 312-605-4041 to schedule a confidential consultation today.