My spouse/opposing party refuses to agree to any sort of settlement. How do I get out of Court?

http://www.dreamstime.com/stock-photos-divorce-papers-image25772703While parties involved in litigation in family matters often see very clearly that it is in their best interests mentally and financially to settle their cases, there are those parties who do not agree.  Cases can go on for years and years without an end in sight.  Often new clients will come to my office when their case is already in the system and has been there for many years, and they ask how they can expeditiously get out of court.  There are a few options, depending upon how far along your case is.

First, mediation is an option, particularly in Cook County, for both financial issues as well as custody related issues.  Chances are if there are small children and the case has been pending for a while, you have already been ordered to mediation for custody related issues.  Many parties don’t realize they have the option to mediate financial issues as well under new rules.

If the case has been pending for a while and you need finalization, the quickest way to see a light at the end of the tunnel is to set a trial date.  That (usually) gives a final date when everything will be resolved; either the parties will settle before or on the day of trial, or the trial proceeds and the Judge rules.  This is the best way to have an end date.

If you set a trial date and are not yet prepared for trial, another way to expedite your case is to be fully, 100% compliant with discovery requests, and as quickly as possible.  Discovery is often what delays trials.  Be transparent, provide what is requested and do so in a timely manner to ensure there are no delays.  If the opposing party is causing delays, it may be cost effective to subpoena their documents (when possible) instead of waiting for production.

We are very experienced in moving cases along.  Feel free to schedule an initial consultation with one of our attorneys to discuss your particular case, as every case is different.

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