What is an Illinois Status Hearing and What Should I Expect?

 Posted on September 26,2024 in Divorce

Divorce is a process that many are not prepared for. Because of this, it is helpful to have a divorce attorney you trust who can guide you through the process, answer your questions, and explain how things will work.  At some point during your Illinois divorce, your attorney may tell you there is an upcoming status hearing. Your divorce may have multiple status hearings, motions sent back and forth, interrogatories, possibly a divorce deposition, a pre-trial, and a trial if you and your spouse disagree on issues and cannot reach a pretrial settlement.

A status hearing allows both parties to inform the court about any progress made on previously identified issues and to determine next steps. While it may be unfamiliar to you, your Naperville, IL divorce attorney can guide you through your status hearings and the entire divorce, working toward the best outcome possible.  

What Things Are Discussed During a Status Hearing?

Unless your presence is specifically requested, you may not have to attend all status hearings, although attending ensures you fully understand everything that is happening during your divorce. Status hearings can include such issues as:

• The development of a parenting plan

• Allocation of parental responsibilities

• Determination of marital and separate assets

• Division of marital assets

• The determination of child support

• Whether spousal support is appropriate and, if so, how it will be determined

If you and your spouse have agreed on any of these issues, no status hearing will be required for those issues. On issues where there is no agreement, your attorney and your spouse’s attorney will discuss the issues in front of the judge in an attempt to find solutions that work for everyone.

If agreements to an issue have occurred since a prior status hearing, this will be reported to the judge. This is also a time when pre-trial motions and petitions are submitted, including Motions to Compel, Petitions for Support, or Petitions to Modify Support. During a status hearing, the court may set a final deadline date for discovery.

During the status hearing, the judge may suggest what steps should be taken to get the spouses to agree on the issues. In some cases, if it looks like no progress is being made, the judge may order alternative dispute resolution. During the last status hearing meeting, a pre-trial date will be set to handle case logistics.

This may include the exhibits each attorney intends to present, the witnesses they will call, and the proposed length of opening and closing arguments. The issues to be heard at the trial may be limited during the pre-trial hearing. Following the pre-trial hearing, a trial date will be set.     

What Happens at a Divorce Trial?

Unfortunately, many months may have passed since the divorce was initiated by the time a divorce trial finally takes place. Facts, witnesses, and exhibits will be presented on both sides during a divorce trial. The judge will make final decisions regarding any unresolved divorce issues. If one spouse believes any decision made by the court is in error, he or she has 30 days from the date the Judgment for Dissolution of Marriage is entered to appeal the decision to the Illinois Appellate Court.  

Contact a DuPage County, IL Divorce Lawyer

Divorce is a stressful time that can be helped by an experienced Naperville, IL divorce attorney from Calabrese Associates, P.C. Attorney Michael J. Calabrese is a former chair of the DuPage County Bar Association Family Law Committee and lectures frequently on family law-related issues. When your marriage ends, the decisions you make during your divorce may impact your life and your family for many years. The experience and skill of Calabrese Associates, P.C. make us a source of strength for those dealing with divorce and divorce-related issues. Call 630-393-3111 to schedule an initial consultation.