What Happens at a Divorce Trial in Illinois

Settlement first; trial is for what is left

This guide explains what happens at a divorce trial in Illinois, using the Circuit Court of Cook County as the main example. A divorce trial is the final hearing in a contested case. It decides only the issues the spouses could not resolve through negotiation, mediation or a pretrial conference. If you agree on how to divide the house but not on maintenance, for example, the agreed terms can be written into a settlement agreement and the trial can focus on maintenance.

In an Illinois divorce, the judge, not a jury, hears the evidence and decides the contested issues. The Illinois Marriage and Dissolution of Marriage Act says there is no trial by jury under the Act (750 ILCS 5/103). Spouses can settle at any point before the judge rules. When everything is agreed, the case ends with a short final hearing, often called a prove-up, instead of a trial.

Before trial, most cases go through case management conferences, discovery and mediation where children are involved. Our article on the case management conference in a Cook County divorce covers those early steps.

The pretrial conference

In Cook County, either side can ask for a settlement pretrial conference by written motion, or the judge can order one. Under Cook County Circuit Court Rule 13.4(j), each side must deliver a completed Uniform Pre-Trial Memorandum to the judge, to each attorney and to any self-represented party at least seven days before the conference. The memorandum summarizes each side's positions and does not become part of the court record unless the parties agree. Failing to comply can lead to sanctions.

At the conference, the judge reviews the open issues with the lawyers and may share views that help the parties settle. After a case is assigned to a trial judge, that judge may hold another pretrial conference. The rule warns that taking part in a pretrial conference with the trial judge may waive the right to ask for a substitution of that judge.

If the conference does not settle the case, the preliminary judge or the individual calendar judge sets a date certain for trial. Under Rule 13.5, contested trials are heard on consecutive days when scheduling permits, with priority for cases involving the allocation of parental responsibilities.

The Cook County trial order

When a trial date is set, the court may enter an order using the Domestic Relations trial order form. It can set the trial date and whether the trial is in person or by Zoom, and it can require:

• Motions in limine (requests about what evidence may be used) by a set date.
• Trial stipulations, which are facts both sides agree on, by a set date.
• A current Financial Affidavit from each party by a set date.
• An exchange of witness lists. Witnesses not on your list can be barred from testifying unless you show good cause.
• Completion of all discovery on the trial issues by a cutoff date.
• Courtesy copies of trial documents and exhibits sent electronically to the judge's Domestic Relations email at least five court days before trial, with a labeled list of every document.
• A court reporter, which the parties must arrange themselves.

If a custody evaluation was ordered under 750 ILCS 5/604.10, the evaluator's report generally must be sent to the attorneys at least 60 days before the hearing on parenting issues, unless the court orders otherwise. Under Illinois Supreme Court Rule 45, a bench trial is one of the court dates where appearing remotely requires the judge's approval, and under Rule 241 testimony by video is allowed only for good cause with safeguards in place.

Order of a divorce trial

Every judge runs a courtroom a little differently, but most divorce trials follow this general order.

Opening statements

Each side may give a short summary of what the evidence will show and what it is asking the court to order. Some judges ask the lawyers to keep openings brief or to skip them because the judge has already read the pretrial materials.

Witnesses and exhibits

The petitioner usually presents evidence first, then the respondent. Each witness is questioned by the side that called them (direct examination) and then by the other side (cross-examination). The spouses usually testify. Other witnesses can include appraisers, accountants, a custody evaluator, teachers or family members with firsthand knowledge. A guardian ad litem may be called as a witness and cross-examined about the guardian's report.

Exhibits are documents and items offered as evidence, such as bank statements, tax returns, appraisals, school records or messages. Each exhibit is marked, shown to the other side and offered to the judge, who decides whether to admit it under the rules of evidence. Organized, labeled exhibits make testimony easier to follow. Testifying at a divorce trial is stressful, so practice with your lawyer and bring only the notes the judge allows.

Closing arguments

After all evidence is in, each side explains why the evidence supports its requests. Some judges hear closing arguments right away. Others ask for written closing arguments or proposed findings by a later date.

How judges decide property, maintenance and parenting

The judge applies the Illinois Marriage and Dissolution of Marriage Act to the evidence:

• Property and debts (750 ILCS 5/503). The judge decides what is marital and what is non-marital, then divides marital property in just proportions after considering the factors in the statute. A spending claim, called dissipation, can affect the division; see dissipation of marital assets.
• Maintenance (750 ILCS 5/504). The judge first decides whether maintenance is appropriate after considering the statutory factors. If it is, statutory guidelines may apply to the amount and duration, and the judge can deviate from them after considering the relevant factors.
• Child support (750 ILCS 5/505). Support is based on both parents' combined net income, an approach often called income shares. Under Public Act 104-0733, the shared physical care threshold drops from 146 to 110 overnights per year for each parent starting January 1, 2027. The 146-overnight rule applies through December 31, 2026, so a support order entered on or after January 1, 2027 may use the new threshold. See our post on the 2026 to 2027 child support transition.
• Parenting (750 ILCS 5/602.5 and 602.7). Decision-making and parenting time are allocated according to the child's best interests, using factors listed in the statute. Our guide to the allocation of parental responsibilities in Illinois explains those factors.

After the ruling: judgment and appeals

The judge may rule at the end of trial or take the case under advisement and issue a written ruling later. A Judgment for Dissolution of Marriage then resolves the issues, often with an allocation judgment and parenting plan and an order for support.

A party who believes the judge made an error can file a post-trial motion, such as a motion to reconsider, within 30 days after the judgment (735 ILCS 5/2-1203). In Cook County, those motions go back to the judge who entered the judgment. Under Illinois Supreme Court Rule 303, a notice of appeal must be filed within 30 days after the final judgment, or within 30 days after the order deciding the last timely post-judgment motion.

Later, if the other party does not follow the judgment, or circumstances change, you may need a post-decree motion. See our guide to post-decree motions in Illinois.

Common mistakes

• Missing trial order deadlines. Late witness lists or exhibits can be barred.
• Relying on documents you never produced in discovery. Evidence withheld during discovery may be excluded.
• Arguing instead of answering. Short, truthful answers are more persuasive than speeches on the stand.
• Forgetting a court reporter. Without a transcript, an appeal is much harder.
• Recording the hearing. Recording a court proceeding, including one on Zoom, is prohibited without permission.

Our page on the biggest mistakes in an Illinois divorce covers more pitfalls.

How Chicago Family Attorneys can help

Chicago Family Attorneys represents people in contested divorce cases in Cook, DuPage, Will and Lake Counties. For a contested divorce trial in Chicago or the suburbs, the firm can:

• Review the issues left for trial and the evidence on each one.
• Prepare the Uniform Pre-Trial Memorandum, witness lists, exhibits and courtesy copies.
• Prepare you to testify and question witnesses at trial.
• Advise on post-trial motions and post-decree enforcement.

Full representation in a contested divorce is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. Limited scope drafting starts at $500, and one hearing appearance starts at $1,200. See contested divorce costs. Fees are confirmed in writing before you engage the firm, and no outcome can be promised. Learn more about our Chicago divorce services, or prepare with our 25 questions for your divorce consultation.