Sometimes, a judge will require a couple to go through the mediation process during divorce in Illinois. Mediation is helpful for many reasons, including offering a less expensive and faster option for divorce proceedings than the litigation process. For many couples, having a neutral party walk through critical elements of divorce with them alleviates a significant amount of stress. After speaking to a Wheaton, IL divorce attorney about the benefits, you may decide to attempt the mediation process without a court order.
When Is Mediation Required for an Illinois Divorce?
According to Illinois law, a judge must require parents to undergo mediation if they cannot agree on a parenting plan as part of their divorce or if they have not been able to agree on modifying or enforcing an existing parenting plan. Therefore, if you have children and you and your co-parent disagree on the terms of the allocation of parental responsibilities, including decision-making obligations and parenting time, the court may require you to work together in mediation with a neutral third party to try to reach a compromise. According to statute 750 ILCS 5/602.10, the only time a judge would likely refrain from ordering mediation would be if there are impediments to the process.