Evaluating Alternative Dispute Resolution Methods for Divorce

 Posted on January 18, 2023 in Family Law

Getting divorced requires a couple to address several multifaceted issues. Divorcing spouses will need to divide shared assets and debts, address the ownership of the marital home, and handle other complicated financial matters. If the spouses share children, they must also decide on a parenting plan.

Most couples prefer to avoid the time and expense of a court trial by using an alternative dispute resolution (ADR) process during divorce. The most common forms of ADR for divorce in Illinois are negotiation, mediation, and collaborative divorce. If you are planning to divorce soon, it may be a good idea to familiarize yourself with the benefits of these ADR methods.

Negotiating a Divorce Settlement Through Your Respective Attorneys

Movies and TV shows make it seem as if all divorce cases involve a heated courtroom trial. In reality, most divorce cases are settled long before trial. Negotiation is a form of ADR where spouses can hire separate divorce attorneys to represent them in negotiations with one another. This process allows each spouse to present their side and make a request for what they are seeking from the other spouse. Negotiations often result in an agreement that both spouses find acceptable.

Divorce Mediation in Illinois

Mediation is another ADR option for divorcing couples. Mediation involves the use of a neutral third-party mediator to help spouses negotiate their settlement agreement. The mediator does not provide legal advice or make any decisions about property division, child custody, or other divorce matters. The mediator's job is to help the couple reach a mutually agreed-upon resolution. The mediator can facilitate communication between the spouses, de-escalate conflict, and help them identify areas of agreement and disagreement.

Resolving a Divorce Through Collaborative Law

In a collaborative divorce, each spouse has their own collaborative attorney who represents their best interests and assists them through the collaborative process. Although each spouse has his or her own attorney, the attorneys are not pitted against each other. The spouses and their attorneys have a shared goal: to resolve the divorce issues in a manner that is fair and beneficial to both spouses. The collaborative process combines legal representation with other professionals, such as mental health experts, financial advisors, and child custody specialists who provide assistance in resolving difficult divorce issues.

Which Alternative Resolution Method is Right for Me?

The decision of which type of ADR is best for your divorce case depends on the complexity of your issues and the level of cooperation between you and your spouse. While negotiation through attorneys or mediation may be enough to resolve straightforward matters, collaborative law might be more helpful in complex cases that involve substantial assets, child custody concerns, or other difficult scenarios. If you plan to end your marriage soon, consult with an attorney who can evaluate the circumstances of your case and give you personalized advice about how best to proceed.

Contact Our Lombard Divorce Lawyers

The DuPage County divorce attorneys at Mevorah & Giglio Law Offices are experienced in traditional divorce litigation as well as alternative resolution methods like collaborative law. Call our office at 630-932-9100 to set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51