In Waukegan, a divorce case can be uncontested or contested. If uncontested, the matter will likely conclude within a few months. If contested, the matter can last for years. The final setting for a contested divorce case is the trial. However, only a small percentage of cases actually make it all the way through to a trial. The court, the divorce lawyers and eventually the parties begin to reach a breaking point and opt to settle the case. One of the ways the court utilizes to bring the parties toward an agreement is the settlement conference.
The settlement conference is a great way for the attorneys to explain the sticking point to the court and to receive an idea of what the judge is likely to order. That way, the Waukegan divorce lawyers can talk to their clients in an effort to resolve the dispute. If the judge is strongly leaning in one direction, it is unlikely that he or she will waiver from that position should there be a full trial. In fact, the judge may even take umbrage to the fact that the position was not fully appreciated by the litigants.
The settlement conference is accompanied by a memorandum that the Waukegan lawyers prepare and submit to each other and to the judge. The memorandum depicts the parties, the issues in dispute, including support, maintenance, division of property, and allocation of debt. Although the meeting is held in camera, the decision or recommendation of the judge is as if given from the bench. Waukegan divorce lawyers should take the necessary time to adequately prepare for the settlement conference as if going to a hearing.
Most divorce lawyers prefer that the court set a settlement conference earlier in the divorce case. It is really the first instance where the lawyers and the parties can get an inkling of where the court is headed.