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How to Prepare for Divorce Litigation

Posted on in Divorce

DuPage County divorce attorneyDivorce litigation is a strategy of last resort for many. For others, courtroom litigation is a patently necessary affair from the outset. Spouses in high net-worth marriages may have a significant share of assets at stake in complex divorce proceedings, with potential winnings far outweighing the expense associated with divorce litigation. Further, certain complex assets may be difficult to divide in an equitable fashion, rendering compromise at mediation or attorney-facilitated negotiation unlikely. In such cases, judicial decision-making may be preferable for both spouses. 

However, even when it is beneficial, divorce litigation brings a separate set of challenges. Detailed evidence must now be introduced, particularly if there are disagreements as to the facts, making preparation for divorce litigation consume a large amount of time. If you have cause to suspect that your divorce will be litigated rather than settled, it is crucial to work with a skilled attorney with substantial courtroom experience. 

Tasks Involved in Preparing for Court

It is ideal if you and your spouse have been skilled record-keepers, maintaining a detailed financial portfolio with clear descriptions of your assets and any marital debts. Record-keeping of this sort makes for an excellent time-saving tool, both before and during courtroom proceedings. If you have not been in the habit of keeping detailed records about your financial transactions, now is the time to start. 

Other advice pertaining to preparing for court includes: 

  • Arrange time off - Depending on the nature and extent of your separate and marital assets, the courtroom hearings may be time-consuming. Your presence in the courthouse may be expected for days and it is advisable to make arrangements at work accordingly. Additionally, hearings may not be scheduled for consecutive days, but rather have days off in between.

  • Rehearsal - Before taking the stand, you and your attorney need to understand and agree about your answers to possible questions. Your attorney will likely want to practice with you beforehand. 

  • Gather records - The quantity of financial records needed in divorce litigation is massive. The court may demand records pertaining to taxes, real estate holdings, stock portfolios, vehicle titles, and appraisals or valuations. 

  • Arrange childcare - Parents of young children should arrange childcare, as children are generally not to be present during divorce hearings save for those in which their testimony is required. Even then, a child’s testimony is rarely given at trial and instead is usually obtained through a guardian ad litem or an interview with a judge. 

  • Self-care - Divorce litigation can place you under significant stress. It may be in your benefit to arrange spa treatments, massages, or any other activities that you find relaxing. 

Contact a DuPage County Divorce Attorney

Botti Marinaccio, LTD.’s team of experienced and elite attorneys is highly skilled in pursuing favorable divorce decrees in or out of the courtroom. Our Burr Ridge divorce lawyers will engage in extensive preparation to ensure that hearings will be as simple as possible. Call 630-575-8585 for a confidential consultation. 

Source:

https://www.forbes.com/sites/catherineschnaubelt/2019/03/01/preparing-for-divorce-first-get-organized/?sh=45a52bc95926

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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