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Kendall County divorce attorney

Before a divorce is finalized, the terms of the divorce must be established. Depending on your situation, you may need to address the allocation of parental responsibilities and parenting time, the division of property and debt, possession of the marital home, spousal maintenance, and more. Spouses are encouraged to reach an agreement about these issues outside of court. You and your spouse may be able to negotiate a settlement with help from your lawyers or through an alternative resolution method. However, some divorce cases simply cannot be resolved outside of court and the case goes to trial.

When a Spouse Refuses to Be Reasonable

You deserve to have a divorce settlement that is “equitable” or fair. While most divorcing spouses aim to avoid litigation, this is not always possible. If your soon-to-be-ex refuses to cooperate or insists on unreasonable terms, you may not be able to reach an agreement without giving up your right to a fair outcome. Unfortunately, some divorcing spouses will do whatever they can to make the divorce process as difficult on the other spouse as possible. They may insist on terms that they know are unfair just to draw out discussions and settlement negotiations. In cases like these, taking your case to trial may be the best way to ensure that your right to a fair divorce settlement is protected.  

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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 lawyer mediation

There is no “one size fits all” way to handle your divorce. In order to appeal to the varying relationships of divorcing couples, there are a couple of ways that you can handle your divorce proceedings. Some couples may have a dark, tumultuous history where their interactions are contentious and purposely limited, while others have simply grown apart over the years and wish to move on from their marriage. The two most common options for those seeking a divorce are litigation and mediation. Before deciding upon their means of a divorce, spouses should consider the quality of their relationship and compare these two popular options.

Sticking to Court

The tried-and-true divorce option that most are familiar with is known as divorce litigation. The term “litigation” means “carrying out a lawsuit,” although this does not mean that every divorce will find its way into a courtroom. The reason divorce may be considered a lawsuit is because in many cases, the decision to file for divorce is not mutual. In many cases, one spouse would like to divorce while the other wishes to remain married. Since this becomes an adversarial situation, with one spouse battling the other, the divorce case becomes a little more tricky, requiring litigation and sometimes time spent in court.

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