Options for Resolving a Divorce Without Litigation

 Posted on May 13,2022 in Divorce

Going through a divorce can be extremely difficult even under the best circumstances. Divorce litigation–that is, contested divorce–can be particularly stressful. It is also time-consuming and often expensive. If you and your spouse share children, a Guardian ad Litem is likely to be appointed. You should know that you have other options for getting divorced. In fact, various forms of out-of-court divorce are rapidly replacing litigation as the main way that people in Illinois get divorced. 

Even if your divorce is less than amicable, you and your spouse may still be able to use means other than litigation to settle your divorce. Divorce attorneys often encourage clients to use these simpler means in order to divide their property and create a new parenting plan. Your divorce lawyer will assess your situation to help determine whether one of these low-conflict methods may work for you. 

What Are My Options for Settling My Divorce Out of Court?

There are several methods for helping spouses reach an agreement out of court during their divorce. The method your attorney recommends will depend on your personal situation and circumstances. Options include: 

• Mediation - In a typical divorce mediation, you and your spouse probably will not even need to be in the same room. You and your spouse will choose a mediator-attorney by mutual agreement. Then, you will sit in one room while your spouse sits in another. The mediator will walk back and forth, facilitating communication. Most mediators will go issue-by-issue. This process may be completed in a single afternoon for more simple cases, or it may take multiple sessions. 

• Attorney-facilitated negotiation - This process can take a bit longer than mediation, but can be necessary in more contentious cases. You and your spouse will each be represented by your own lawyer. Rather than you needing to speak to your spouse directly, your lawyer will negotiate with their lawyer to reach a settlement. 

• Collaborative divorce - This strategy may work when you and your spouse are amicable enough to sit down together and have a productive conversation. Your attorneys will still be present to protect your interest. When collaborative divorce works, it can be very quick and relatively simple. 

Of course, these strategies will not work for every couple. If your spouse is abusive, unreasonable, a substance abuser, or cannot be located, going to court might be your only option. In that event, you will definitely want an aggressive attorney looking out for your interests. 

Contact a Kane County Divorce Lawyer

Serrano Hanson is skilled at helping spouses work through their divorce in order to avoid court. Our experienced Geneva divorce attorneys strive to resolve divorces without litigation wherever possible. Call us at 630-844-8781 for a consultation and find out how we can help you. 

Source: 

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