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What to Know About Divorce Court Appearances

Wakeman Law Group - What to Know About Divorce Court Appearances

Clients tend to ask, “Can’t the judge just ……” make someone do something, decide something, end something, and the answer is almost always: NO. There are very specific reasons stated for each court appearance and a judge cannot and will not decide any issue at any appearance other than a formal hearing or trial.

The first court appearance is usually a scheduling conference. This is the first time an update is provided to the judge about what needs to be done. The judge will ask if the parenting classes have been completed and if there is an agreement for parenting issues, along with the status of financial disclosures.

Most appearances are “status.” The attorneys advise the court about the progress towards resolution so that the court should set another date for an update.

If there is a post-judgment or temporary issue to decide, the court may set a hearing. This is usually set for a designated time to allow each party to present their evidence to the court. This is a formal procedure for the presentation of evidence that requires the parties and their attorneys to be present in person in the courtroom. Additional witnesses may also be called at this time.

A pretrial conference is an informal conversation with the judge and the attorneys. The parties are not permitted to be present at the pretrial, but in some cases, the parties may be advised or required to be present in the building or available by phone.

To determine the final terms of a dissolution of marriage or a parentage action, if there is no agreement, the court will conduct a trial. A trial is similar to a hearing with a formal presentation of evidence where the parties and their witnesses are required to appear.

For more information about court appearances, please contact:

Wakeman Law Group, PC

741 S. McHenry Ave., Suite A

Crystal Lake, IL 60014

Ph: 815-893-6800

wakemanlaw.net

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