What should I do and not do when I’m preparing for court or currently have a case pending with the Court?

January 31st, 2024 by Tiffany Hughes

Litigation can be incredibly daunting. This is especially true in family law, as the opposing party is likely a former spouse, partner or parent to your child(ren). Legal proceedings often involve complex terminology, procedures, and paperwork that become overwhelming when paired with the highly emotional issues addressed in family law cases. However, in all family law litigation, there are several rules to follow as a party to a case, even if you have an attorney.

What should I do and not do when I’m preparing for or currently have a case pending with the Court?

Here are some of the “dos” and “don’t’s” when you are preparing for or currently are in court for a family law matter. I call these my litigation tips and pointers:

1. DON’T involve your children in the litigation. Discussing litigation may result in a significant emotional burden upon them, force them to feel pressured to take sides, and negatively impact their relationship with one or both parents. In some cases, discussing legal matters with children may even violate custody orders or agreements, which could negatively impact your case for the reasons described above. If your children have any questions, refrain from delving into legal details and instead provide them with age-appropriate and neutral explanations.

2. DO be realistic. Every case has its strengths and weaknesses; be prepared to make compromises and understand all potential outcomes.

3. DON’T attempt to conceal information. It is incredibly important to be transparent about financial information, assets, and other relevant details. Concealing this information may lead to serious legal consequences, damage to your reputation, result in even longer litigation and cost you a lot more money.

4. DO maintain personal records of everything. This includes, but is not limited to, communications with your attorney and other parties to the litigation, bank statements, and paystubs or other earnings. These documents will come in handy when completing discovery, and are useful for your attorney when rebutting any claims that are unfavorable to you or supporting your positions in Court.

5. DON’T discuss the case with your ex (or soon-to-be ex) spouse, or any other parties to the litigation, unless expressly told to do so by your attorney for purposes of settlement. Discussing the case can be detrimental to its outcome because you may unintentionally disclose strategy or initiate additional unmediated conflict. If there is conflict between you and the other party, it is always best to communicate via your attorney.

6. DO stay organized. Litigation entails countless due dates, responses, and court appearances. It is not uncommon for clients to become overwhelmed by the demands of litigation and fall behind on their obligations. However, your attorney should be keeping track of all of these things for you, keeping you updated along the way, and sending you reminders.

7. DON’T disobey court orders. Court orders are legally binding, and a failure to comply may result in serious consequences including fines, penalties, or contempt of court charges. All of these things may damage your credibility and adversely affect the outcome of your case. If you need something about an order to be changed, consult with your attorney and weigh your options.

8. DO prioritize your own physical and emotional wellbeing. Family law litigation can be unpredictable and emotionally draining. Unchecked emotions may lead to clouded judgment and decision-making. Taking care of yourself ensures that you are in a better mental state to make important decisions during the litigation process.

Need More Information or Representation?

If you are looking to start or are going through divorce proceedings and need more information regarding your case in court, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a complimentary 30-minute phone consultation. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping executives in companies litigate their high asset, complex matters while protecting privacy and advocating for their best interests.

Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.