Whether the dissolution is contested or agreed, a party must appear in Court to prove up the grounds for dissolution. A party must prove that he/she is entitled to obtain a Judgment of Dissolution of Marriage. ]

    Once an agreement is signed, a court date can normally be obtained within three (3) weeks in any county. If a case is contested the normal trial time is about a year and a quarter in DuPage, Lake and Cook County. Over 90% of all cases that are filed as a contested matter by our firm settle prior to trial.

    The major expense in contested litigation is discovery or pre-trial motions. Discovery is where either party obtains the necessary information to determine what property is in the marital estate. Discovery can take many forms including depositions, interrogatories or production requests. A deposition is where a party or an individual is asked questions under oath. Parties to a case must answer written questions that the other party wants answered and this is called interrogatories. Parties must also produce any relevant document that the other party wants to examine

     Though there can be many forms of pre-trial motions, most motions will either:

     a. enjoin a party from using an asset until a Judgment is entered;

     b. provide for child support and/or maintenance until a Judgment is entered;

     c. provide for interim attorneys fees; or

     d. provide for temporary child custody.

    In most cases. either party has a right to present motions thirty days after a party is served with summons.

    The major cost in contested litigation besides attorneys fees would be the cost of hiring appraisers to appraise all marital property, including real estate and businesses. If a deposition is taken, a court reporter must be paid to transcribe the testimony. There is aa charge for filing a Petition to seek a dissolution, which ranges from $200.00 to $271 depending on the county. The other party would have to file an appearance which costs between $100.00 and $171.00. If a party does not voluntarily file an appearance, they must be served by a Sheriff which is an additional cost.