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Kane County divorce attorneyGoing through a divorce can be one of the most stressful things a person ever endures. According to the American Institute of Stress, divorce is second only to the death of a spouse in terms of the stress it brings to a person’s life. Although some couples will simply not be able to divorce without court intervention, preventing courtroom litigation can significantly reduce the emotional and financial costs of a divorce. For couples that are able to at least partially cooperate, mediation may be the best way to end their marriage fairly and civilly.

Mediation Puts More Control in the Hands of the Spouses

If your divorce ends up in litigation, any decision you and your spouse cannot agree to will be made by the judge. Judges can make decisions regarding spousal maintenance, child support, property division, and more. Although courts will always try to be as fair as possible, often court-ordered decisions do not fully satisfy either spouse. Mediation, on the other hand, puts much more control in the hands of the spouses. With help from the mediator, spouses negotiate and come to their own conclusions about things like property division and maintenance payments. Studies have shown that when individuals have more say over these types of decisions that they are more likely to comply with the judge’s final divorce decree. This results in fewer instances of returning to court to enforce or modify the decree. 

Posted on in Mediation

Kane County divorce mediation lawyersVery few people enjoy going to court (except, of course, for some attorneys). When divorce becomes a reality, some people make the choice to go through divorce mediation instead of litigating the matter in court. However, despite its increasing popularity, there are still many pervasive myths floating around about the mediation process. It is important to set the record straight, so that you can make an informed choice about which process may be right for you.

Myth: The mediator is there to mediate your disputes about your marriage.

Technically, this is false. A divorce mediator is a professional, often an attorney but not always, who has training in dispute resolution and will use it to help you work out a settlement. They are, in a nutshell, not “that” kind of mediator. They are not therapists or couples’ counselors. Mediators are there to facilitate the conversation so that parties can make constructive progress on divorce-related issues, including asset disposition, child custody and spousal support or alimony.

Kane County divorce lawyerThe “happily ever after” promise of fairy tales often create a view of marriage as a series of elegant candlelight dinners and a conflict-free relationship. Conversely, many people may have a romanticized view of divorce, believing that it will mean the end of burdensome relationships and the beginning of a carefree life. Anyone who has ever been married or divorced would probably dispute these ideas.

It is also not uncommon for a person to have a romanticized view of divorce litigation, often fueled by movies and television shows that depict gripping courtroom dramas. In many cases, the reality is far different; the emotional and financial costs pile up and result in a protracted legal battle that takes its toll on both spouses and their children. For some couples, mediation may provide an alternative to a courtroom standoff.

Control

Kane County family law attorneysFor many divorcing couples, mediation provides an avenue for discussing and negotiating the terms of a divorce settlement, helping them avoid the complications of courtroom litigation. When mediation is appropriate, it can provide many benefits, including saving substantial time and money, increased participation from both parties, and a resulting divorce judgment that reflects the needs and desires of everyone involved.

While mediation can certainly be a very valuable tool for a couple in the midst of a divorce, the process is not always the best choice. In some cases, mediation may even prove to be detrimental to reaching an equitable resolution. You may want to consider litigation for your divorce if:

1. Your Spouse Does Not Want a Divorce

Posted on in Mediation

mediation, Geneva divorce lawyerFor many working individuals, it can be nearly impossible to find time during the business day to do anything related to their personal lives. You are probably familiar with the struggle, as you, for example may have to cram a trip to the bank, the post-office, and your accountant’s office all into your lunch hour. Add in a doctor’s or dentist appointment and forget it; you will probably need to take a day off work. If you are considering a divorce, your scheduling challenges are just beginning, no matter how busy you already may be. Many law firms and, of course, the courts are only available during “normal business hours,” typically between 8 am and 5 pm, Monday through Friday. With such limitations, how can you be expected to make any progress in your divorce while maintaining a full-time job? Fortunately, divorce mediation may provide a solution.

Increased Flexibility

Mediation in a divorce case can offer a number of possible benefits, including reduced stress, lower costs, and increased compliance with a negotiated settlement compared to a litigated judgment. For many couples, however, the customizable schedule of the mediation process is extremely attractive. To move forward in a litigated divorce, you and your spouse must each meet with your respective attorneys, file your motions with the court, wait for a court date to be determined, then appear to argue your case, all of which takes time and must usually occur during the busiest part of your days.

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