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In a divorce case does a recommendation from the judge have any weight if one party is unwilling to compromise?

Oak Park, IL |

What recourse can one have to avoid going to trial if one of the parties in a divorce case is unwilling to compromise or even unwilling to accept a recommendation from the judge?

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Attorney answers 5

Best Answer
Posted

If either or both parties are unwilling to compromise, there really is no option but to go to trial and let the judge decide the outcome. If the judge has already make recommendations, then it is likely the outcome will be similar unless evidence is presented which changes the judge's mind. You and your lawyer need to prepare for trial

Daniel Seth Williams

Daniel Seth Williams

Posted

I concur with Ms. Goldstein, it goes without saying that an attorney and client should prepare for trial. Excellent advice counsel.

Judy A. Goldstein

Judy A. Goldstein

Posted

It is unclear why this question is being resurrected after 6 months, except that CA counsel apparently wishes to accrue points by concurring with everyone who previously and timely responded to the question.

Posted

I agree with Attorney Goldstein. Each judge is different, but many are inclined to rule in the same manner as the recommendation if what's said at trial is the same as what's said at pretrial. If the other side wants to be difficult, they have that right. Such is life.

Robert Ricci

Robert Ricci

Posted

Such IS Life. :)

Daniel Seth Williams

Daniel Seth Williams

Posted

I concur.

Posted

If the judge has given some idea of his view of the case, it is highly likely that in a trial, that is how the issue will be resolved.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

Daniel Seth Williams

Daniel Seth Williams

Posted

Well said.

Posted

Your address posted is in Cook County, IL. That means if your case is filed and pending downtown the judge who pretried the case will most likely not be the trial judge. You now are in a situation where each of gets two bites at the apple.
If the case is pending in one of the district courts(Oak Park is part of the 4th municipal district) that judge will be the trial judge and the answers previous to my answer would be correct on that point.

Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent counsel.

Posted

Why would you want any other option? Get a spine and get to Court so the other party sees the downside of ignoring Judge recommendations.

So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any free advice at your sole risk. I am licensed in IL, MO, TX and am a Reg. Pat. Atty. so advice in any other jurisdiction is general advice and should be confirmed with an attorney licensed in that jurisdiction.

Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent Counsel.