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Divorce

IL divorce lawyerIt happens to many Illinois couples - they feel that their marriage has reached an insurmountable hurdle and initiate a divorce, only to later reconcile. Sometimes this happens because one party acted too hastily during a fight. Other times, a couple has slowly drifted apart only to rediscover a spark when they attempt to finally split. Luckily, there are ways that a couple who is thinking about staying married after all can call off their divorce, or even just delay the process while they make a decision. If your divorce has already begun and you are hoping to reconcile, a qualified divorce attorney can help you understand what options you and your spouse may have.

What Is the Reconciliation Calendar?

Putting your divorce on the court’s reconciliation calendar immediately suspends all divorce proceedings for couples who may not want to get divorced after all. Cases on the reconciliation calendar are not dismissed outright, only paused. If you decide that you do in fact want to go through with the divorce after failing to reconcile, you can more or less pick up where you left off.

This is often a good option for couples who are on the fence. In cases where one spouse is adamant that he does not want the divorce, but the other is hesitant, pausing the proceedings can be a low-risk way for the hesitant spouse to consider his options without needing to start all over if he still wants the divorce in a few months.

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Kane County Divorce LawyerMost people going through a divorce want the process completed as quickly and easily as possible. Unfortunately, for many, there will be nothing quick or easy about the process. Certain issues, such as child custody or a demand for spousal maintenance are more likely to be contested than others. In other cases, one spouse’s wrongful conduct, like theft of marital funds, can drag out the proceedings. When you are faced with a complex divorce situation, it is important that you work with a qualified attorney who will advocate for your best interests. 

What Circumstances Can Make Getting a Divorce More Complicated? 

Simplified paths to divorce, like mediation, can be wonderful in some situations. Even some complex divorce issues can be resolved through mediation. However, some problems are likely to lead to litigation or other need for judicial intervention. Your divorce may be more complex than most in these circumstances: 

  • High-asset - There are particular concerns that may come with high-value divorce cases. Some assets may need to be appraised or valued during equitable division. There may be disputes over what is or is not marital property, and concerns regarding potential concealed assets are common. Dividing complicated assets like stock portfolios can take some skill and patience. 

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Kane County Divorce LawyerMore and more couples are turning to divorce mediation to settle the issues surrounding their divorce without litigation. When it is successful, mediation can take a lot of the stress and uncertainty out of a divorce. Instead of leaving things up to the court, you and your soon-to-be ex-spouse reach an agreement with the help of a mediator. Unfortunately, divorce mediation may not work for all spouses. There are situations where litigation will be necessary.

If you are considering resolving your divorce through mediation, you should speak with an experienced divorce attorney. A lawyer may be able to help you decide whether mediation is worth trying. 

What Are Some Good Signs That Divorce Mediation Could Work For Me?

Divorce mediation works for spouses who are both willing to put forth the effort. Reaching an agreement about divorce issues like child custody and division of property can be difficult. Both parties will need to be willing to compromise. Your lawyer may suggest settling your divorce through mediation in these circumstances: 

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Kane County Divorce LawyerDivorce is that much harder when there are children involved. Deciding who will get parenting time (formerly called physical custody) and when can be a highly emotional process as well as a complicated legal one. Illinois courts always consider the best interests of the child when allocating parenting time and parental responsibilities. In considering the best interests of a child, courts will be interested in hearing what the child wants -- but the child’s wishes are not dispositive. Children, much like adults, may fail to act in their own best interest. This is why the judgment of the court is the ultimate deciding factor. 

If you are going through a divorce or separation from your child’s other parent, you will want a strong legal advocate on your side. The relationship you have with your child is precious and should be protected by an experienced attorney during parenting time proceedings. 

What is the Importance of the Child’s Wishes? 

When there is a dispute over parenting time and parental responsibility, courts will often appoint a special person called a Guardian ad Litem. The Guardian ad Litem will interview the child alone to get a sense of what the child wants and needs and how living with each parent would affect the child. To determine what arrangement would be in the child’s best interests, the court will take into consideration what the child wants. 

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Geneva Divorce MediatorsIn Illinois, it is fairly rare for a divorce to be resolved entirely through litigation. Courts will typically encourage the parties to negotiate an agreement or settlement regarding as many issues as possible, and in cases involving the allocation of parental responsibilities, the court will usually require the parties to attempt mediation in order to create a parenting agreement. 

However, it is not necessary to wait for the court’s order before attempting mediation. You and your spouse may decide from the start of the divorce process that you want to pursue this alternative dispute resolution method. Mediation works very well for many divorcing couples, and it offers a variety of benefits when it comes to addressing all aspects of your divorce resolution.

How Does Divorce Mediation Work?

If you and your spouse decide to pursue divorce mediation, together you will meet with a trained mediator who is skilled in the practice of helping spouses find common ground and reach mutually agreeable resolutions regarding issues like property division, child custody, and other divorce matters. The mediator acts as a neutral third party who does not represent either spouse or provide legal advice, but rather guides the spouses through productive negotiations as they work toward an agreement on their own terms.

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