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Top Chicago Area Divorce Lawyers

Choosing Between Mediation and Litigation in Divorce

Posted on in Divorce

DuPage County divorce attorneyWhile it used to be the case that a far higher number of divorce cases were resolved in court, times have changed. Now, most divorces are resolved out of court, through alternative dispute resolution methods like negotiation or mediation.

Divorce is far more common today than it was fifty years ago, and if every divorce went to trial, it would likely take years to resolve them all due to the immense backlog of cases. Alternative dispute resolution methods, such as mediation and collaborative divorce, require both you and your spouse to cooperate, compromise, and behave like reasonable adults. You do not need to be friendly with one another, but if there is a very high level of conflict between you, it may be much more difficult to reach agreement. Your attorney can assess your situation and help you make a more informed decision about whether these alternative dispute resolution methods are likely to work for you. 

Factors to Consider When Deciding Whether to Try Alternative Dispute Resolution

Often, divorcing spouses are advised to try mediation or attorney-facilitated negotiation before resorting to contested divorce. However, in some cases, it is fairly clear that resolving the divorce out of court is simply not going to work. Some things to consider include: 

  • Abuse - If your spouse was abusive - physically, mentally, financially, or sexually - they are unlikely to suddenly start treating you fairly while trying to settle your divorce. Your attorney may suggest going straight to litigation - and getting a protection order. 
  • Reasonableness - Your spouse will need to be reasonable in conceding that you should keep what is yours and dividing other assets fairly. If your spouse is demanding to keep 100% of the marital assets or making bizarre demands, it may take a court of law to bring them back to reality.
  • Children - If you and your spouse have children in common, you need to consider what is best for them as well. Children often do better with divorce when the process is amicable and they can be left out of any fighting. However, this only works if both parties are willing to treat each other and the children fairly, putting the children’s needs first. If your spouse will not do so, you may need a court to tell them what is best for the kids. 
  • Complexity - The more complex your assets and marital situation are, the more likely you are to need a court to step in. This is especially true if you are in a high net-worth marriage. 

However, if you have not been married long and share few marital assets, you are more likely to be able to settle your divorce out of court. This is especially true if you and your spouse remain amicable. 

Call a DuPage County Divorce Lawyer

Botti Marinaccio, LTD. is skilled at handling complex and high-asset divorce cases. Our Hinsdale divorce attorneys offer top-quality legal representation and put the needs of our clients above all. Contact us at 630-575-8585 for a confidential consultation. 

 

Source:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/

 

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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