The stereotypical depiction of divorce is often more fiction than fact. You have likely seen couples in movies screaming at each other from across an empty courtroom as a judge tries to get control over the proceedings. While this may be the case for divorcing couples who have a complex, contentious relationship, most spouses keep things out of the courtroom. Before making a decision on how you would like to pursue your divorce case, you should be aware of your legal options in Illinois. In order to appeal to the varying dynamics between divorcing couples, many law firms offer a variety of divorce resolutions.
For couples who are splitting amicably and have productive communication skills, mediation is a good option. This form of alternative dispute resolution allows the spouses to work together to create their own, unique divorce agreement, without court intervention. A third-party mediator will be present throughout the process to keep things on track while remaining neutral to both spouses. They will not advocate on behalf of either party but will be well-versed in divorce law and the details of divorce agreements. Both spouses should show the agreement to their own individual attorneys before signing to ensure neither party is benefiting significantly from the agreement.
A collaborative divorce involves each spouse having his or her own separate attorney to advocate on their behalf. Rather than the two spouses arguing in front of a judge, collaborative divorce has all four individuals discussing the details of the divorce agreement. Each attorney will advise his or her client on the various areas of divorce, such as asset division, child custody matters, and spousal maintenance payments, then all four parties will work together to create your agreement. Collaborative divorce presents you with the communication benefits of mediation, while also ensuring that your best interests are being prioritized.
If your divorce proceedings become contentious, litigation will likely be your next step. Some couples may attempt mediation or a collaborative divorce then shift to litigation when the discussions go south. Divorce litigation involves a judge’s intervention in the divorce proceedings. Each spouse and their attorney will make a case on their behalf and the judge will make the final decision regarding the different areas of your divorce agreement. Areas of the agreement regarding your finances will be divided equitably; however, the child custody arrangement may not properly reflect your responsibilities and role as a parent. This is one of the reasons why most couples try to avoid divorce litigation if at all possible.
Contact a DuPage County Divorce Attorney
No matter what you and your spouse’s relationship looks like, our attorneys are prepared to take on your case. The Law Office of Ronald L. Hendrix, P.C. offers the aforementioned divorce resolution options to provide their clients with the legal representation that they deserve. It is always best to work with a firm that allows you to start with a more amicable approach and shift to a more forceful one if necessary. Call our Naperville divorce lawyers today at 630-416-7004 to learn more about mediation, collaborative divorce, and litigation by scheduling your free consultation.