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2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers
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DuPage County divorce attorney mediation

When a couple divorces, they must address several difficult and complicated issues. They must reach an agreement about how to split up their assets and debt, what to do with the marital home, how child custody issues will be managed, whether a spouse will receive spousal maintenance, and more. If the spouses are unable to reach an agreement, their case may go to trial. Most divorcing spouses want to avoid divorce litigation if possible. Mediation is an alternative resolution method that may help a couple reach an agreement about the terms of their divorce; however, mediation is not right in every case.

Mediation May Not Suffice When There are Complex Legal and Financial Issues

Many couples who are still on relatively good terms wish to resolve divorce issues through family law mediation so that they can avoid a contentious court battle. However, mediators are not required to have legal training or a law degree. They are not there to give you legal advice or representation but instead to facilitate productive discussions and negotiations about the divorce issues. Mediation alone may be insufficient when a couple has a high net worth, owns complex investments, owns a business, or has other unusual financial or legal situations.

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Cook County divorce attorney

Reaching an agreement on divorce issues like property division, child custody, and spousal maintenance is often difficult to do without help. If you are considering divorce, you may be looking for alternative dispute resolution methods including collaborative law and mediation. These methods may allow you to reach an agreement about the terms of your divorce without going through a stressful and expensive litigation process. Reaching an agreement without court intervention may also allow you to keep the divorce as amicable as possible. However, these dispute resolution methods may not be for everyone. A skilled divorce attorney can provide personalized guidance about how best to resolve disputes during divorce.

Working With a Mediator to Negotiate Divorce Issues

During divorce mediation, divorcing spouses work with a mediator to discuss the unresolved divorce issues and, ideally, reach a mutually agreeable solution to those issues. The mediator helps the couple find common ground, explore possibilities, and negotiate the issues constructively. Mediation has worked for countless couples, however, there are limits to mediation. A mediator cannot give you legal advice and cannot represent you in court should your case end up going to litigation. Mediation may not be appropriate if a spouse has a history of abuse or if there is a major power imbalance between the spouses.

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Western Springs divorce attorney

The term “self-care” refers to actions a person takes to protect their own physical, emotional, and psychological well-being. Although everyone should be practicing good self-care, prioritizing your health during divorce is crucial. Divorce ranks as the second-most stressful life event according to the research conducted by psychiatrists Thomas Holmes and Richard Rahe. Fortunately, there are many actions that you can take to reduce your stress and improve your ability to cope during and after your Illinois divorce.

Coping with Divorce By Recognizing and Prioritizing Your Needs

If you are like many adults, you probably put other people’s needs far above your own. The needs of your children, your aging parents, or even your boss may leave you with little time and energy to focus on your own well-being. However, taking time to care for yourself during your divorce can do wonders for your mental and physical health. Some of the ways you can practice self-care during divorce include:

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Western Springs divorce attorney collaborative law

Collaborative divorce is a process during which divorcing spouses, their attorneys, and other relevant professionals work together to reach an agreement about unresolved divorce issues. When spouses use collaborative law to settle the terms of their divorce, they avoid stressful courtroom litigation while still benefiting from their lawyers’ legal guidance and protection. Collaborative divorce may be right for you if you and your spouse do not see eye to eye regarding the terms of your divorce but you are willing to negotiate these issues amicably and cooperatively. The collaborative law process may help you and your spouse reach an agreement about the division of marital assets, child custody, spousal maintenance, and more.

What Happens During a Collaborative Law Divorce?

If you choose to use collaborative law to settle your divorce, you and your spouse will each hire your own attorney. Before you meet as a group, you and your lawyer will meet to discuss what you would like to achieve in the settlement as well as any concerns you may have. Next, the spouses and their respective lawyers will sign a “Participation Agreement” in which they agree to freely exchange information, negotiate in good faith, and cooperate in the collaborative divorce process. The spouses and attorneys will then hold a series of meetings aimed at reaching a resolution. Other professionals such as financial advisors, accountants, and child specialists may also participate in the collaborative divorce process.

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Hinsdale divorce mediation attorney

When a couple decides to divorce, there are a number of issues that the spouses must agree upon before the divorce can be finalized. The spouses will need to determine how the marital estate will be divided, whether or not the lesser earning spouse will receive spousal maintenance (alimony), and how issues related to the allocation of parental responsibility (child custody) and child support will be handled. It can be very hard for divorcing spouses to reach an agreement about these and other terms of the divorce without help. One way that many divorcing couples are able to resolve divorce-related disagreements without the need for court litigation is through mediation.

How Does Mediation Help?

Divorcing spouses may be required to attend family law mediation by the court, or the couple may decide to attend mediation voluntarily. During this process, the spouses meet with a specially trained mediator who helps them identify the unresolved divorce issues, facilitates productive negotiation about these issues, and works with the spouses to find mutually agreeable resolutions. Spouses who reach an agreement about divorce issues through mediation are much more likely to comply with the terms of their final divorce decree than spouses who are subject to divorce terms determined by the court. Furthermore, mediation is much less antagonistic than litigation. Divorcing spouses who share children together often find mediation to be especially useful, because it encourages an amicable co-parenting relationship in the future.

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DuPage County collaborative divorce attorney

If you have decided to divorce your spouse in Illinois, you may be researching your options. Divorcing spouses who struggle to reach an agreement regarding property division, spousal support, the allocation of parental responsibilities, parenting time, and other issues may benefit from an alternative dispute resolution method called “collaborative divorce.” As the name suggests, this type of divorce is a cooperative process that aims to resolve divorce issues using amicable negotiation and discussion without the need for direct judge oversight. Read on to learn more about what this beneficial process entails.

What Is a Participation Agreement?

During a collaborative divorce, each spouse is represented by an attorney who has received special training in collaborative law. The spouses and their lawyers hold several meetings during which they identify the divorce issues that still need to be settled and work to find resolutions to these matters that both spouses can agree on. The lawyers and spouses may also work with other professionals like financial planners and child specialists during the collaborative process. The members of the collaborative team sign a “participation agreement” in which they promise to:

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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