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How Long Will My Case Take?
Good question. As we've said elsewhere, cases that start out simple can
fall apart and sometimes the most difficult matters surprise us by becoming resolved more
quickly than anybody ever imagined. When it happens it is usually the product of good
lawyering, cooperative clients, reason, and a court system running on all fours. Reality,
however, lies somewhere in between.
A non-contested matter without anyone getting hysterical, and by diligently preparing the
necessary pleadings, obtaining the signatures on agreements and conducting the hearing at
which the Judgment is entered (called a prove-up) can occur within 90 days from the start
(and much quicker if necessary, but inevitably at greater expense). At the other extreme,
the system itself will impose trial upon those cases that have not ended by settlement,
somewhere between one and two years after commencement. The time table to trial will, of
course, vary with the complexity of the case, emotional issues, custody evaluations, and a
host of other factors.
Every family law attorney is inescapably faced with a client who asks, How come my case is
taking so long?" The client must be reminded that it takes two to tango and that one
attorney is not in control of the entire process. It is for this reason we say that two
good lawyers can often bring about a much quicker settlement at a more reasonable cost
than when at least one attorney is dysfunctional, inexperienced or unprofessional and,
likewise, where one or more of the clients are, in fact, unreasonable.
The court systems in Cook, Will, Lake and DuPage Counties, where we practice, have made
significant efforts to provide access to the courts, to set up case management procedures
and to otherwise enable parties to reach resolution promptly. But the court can only hear
what is presented to them according to the time table it is presented, so that generally
speaking, delay in the outcome of the case is not occasioned by the court system. On the
other hand rarely are we able to schedule hearings on temporary or interim issues that
arise during the course of the case as promptly as we would like). There are many reasons
for this which must be explained on a case by case basis.
The bottom line is that it is in every good lawyer's interest to move a case along
expeditiously so that a prompt and reasonable outcome leaves a happy client. While the
outcome may not be everything we wished, it is every lawyer's goal to have a client who
understands and believes that their attorney did the best job that could be done given the
circumstances. A judge I know often says: "if both clients are unhappy, there must
have been justice". We would rather achieve a more positive result for our clients,
but it is illustrative of the frustration of the process.
Illinois Family Law Articles
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