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Kane County divorce attorney mediation

Even though marriage is meant to be a permanent partnership between spouses, the unfortunate reality is that many marriages do not last. In some cases, disagreements about finances, children, or other issues can lead to the breakdown of a relationship, while in others, a couple may simply grow apart and find that they would be happier apart than together. When spouses choose to end their marriage through divorce, they have a number of options for resolving the various legal, financial, and personal issues that must be addressed as they separate their lives from each other. While litigation in court may be used to resolve disputes, in many cases, it is preferable to find less combative ways to address divorce-related concerns. Mediation is one of the best ways for couples to reach a divorce settlement, and it can provide a variety of benefits for both parties, as well as their children and others who are involved in their lives.

Reasons to Use Divorce Mediation

During the mediation process, spouses work together with a neutral mediator who is trained in dispute resolution and understands the legal issues that must be addressed when dissolving a marriage. The couple will cooperate to create a divorce settlement that includes the final decisions on all outstanding issues, including the division of marital property, spousal support, and, if the couple has children, the allocation of parental responsibilities and parenting time.

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Elgin divorce attorney property division

If you are considering divorce, you may be wondering what will happen to all the “stuff” that you and your spouse have accumulated over the years. Who will keep the house? As a non-working spouse, are you entitled to any of your cumulative savings? And, what about the condo that you purchased a few years ago? All of these questions are common for divorcees. After all, filing for divorce will change your life in more ways than just separating from your spouse. Depending on the state that you live in, the way that all of your “stuff,” also known as marital property, is divided can vary. For Illinois residents, things will be divided equitably, but not always equally.

Equitable Distribution Versus Community Property

Those filing for divorce may incorrectly believe that everything will be split 50/50 between them and their spouse, while others may be concerned that they will not get much at all during the division process. For a select few states that follow community property laws, things really are divided 50/50, and while this may seem like a more fair way to do things, some would argue that additional consideration should go into the division process. For the vast majority of the United States, Illinois included, the court follows equitable distribution laws when it comes to divorce. According to equitable distribution, a judge will consider a number of factors about the couple’s marriage, financial status, and more before making a decision about how things should be divvied up.

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