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West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
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Is Mediation the Best Option for Me in My Illinois Divorce?

Posted on in Divorce

Algonquin divorce attorney mediation

You probably have an idea in your mind about what divorce looks like. It may include discovering your spouse’s hidden assets, failing to come to an agreement on your children, and spending extensive amounts of time with your attorney in court. While contentious divorces can include all of these, many divorces are mutually agreed upon and do not involve drama. Not all marriages end in flames, some simply fizzle out and both parties decide that they are ready to move on. In cases such as these, divorce mediation may be a more productive way of creating your divorce agreement, avoiding time in court, or heated arguments with your soon-to-be ex-spouse.

What Is Divorce Mediation?

Rarely are married couples, who have never been divorced, experts on the divorce process, and the options available to them. Divorce mediation is a form of alternative dispute resolution that may be used if you would prefer to stay away from the divorce litigation process. Mediation allows spouses to discuss how they would like things handled after their divorce with a certified mediator present to act as a neutral, guiding party. In most cases, these mediators are divorce attorneys who also work with individuals who prefer to handle things in court. Finding a mediator who doubles as an attorney is a benefit since they are familiar with the legal details and can help guide you with the various areas addressed in a divorce, including the asset division process, the creation of parenting plans, spousal maintenance payments, and more. Mediation allows you and your spouse to take control of your divorce agreement, rather than placing it into the hands of a judge. It can also help you maintain an amicable relationship with your spouse, which is especially important if you have children and will need to co-parent once the divorce is final.

Dispelling the Rumors

There are a number of fears about mediation that may keep divorcing couples from considering this popular alternative. If you have any of the following concerns about mediation, you are not alone. Experts have taken it upon themselves to address the following common concerns:

  1. I am not educated enough to divide my assets: Many people think that selecting mediation to create your divorce agreement means that you will not have any assistance by your side. Although the mediator acts as a neutral third party, he or she will still assist you with the asset division process so that things are divided equitably between you and your spouse. You will also bring in other professionals for help, such as accountants or financial advisors.

  2. A court is best to help with parenting plans: Divorcing parents’ biggest fear is that their children will get hurt in the process. Some may think that a court’s involvement in the parenting plan will help you avoid arguments with your spouse over the matter. As a parent, you know what is best for your kids and calmly discussing your options with your co-parent will typically yield better results. This will also keep your children out of the center of your divorce since they will not be required at divorce mediation meetings.

  3. A mediator will change my mind about the divorce: Those who are unfamiliar with divorce mediation may think that the mediator is similar to a couples' therapist and will try to help you and your spouse talk things through and stay together. Although the mediator’s goal is to prevent you and your spouse from arguing about your divorce agreement, they are by no means trying to keep you together. The purpose of mediation is to help you get through the divorce process as quickly and pain-free as possible.

Call a Kane County Divorce Mediation Lawyer

Many of the costs tied to divorce are a result of time in court and time spent arguing with your spouse about what you each think your divorce agreement should include. Not only can divorce litigation be a financial investment, but it can also be emotionally painful and exhausting. The Law Offices of Benedict Schwarz, II P.C. has worked with couples who are set on divorce litigation as well as those who prefer mediation. Our experienced divorce mediators guide all of their clients toward a mutually agreed-upon arrangement or will act as their attorney if they decide against mediation. For more information about divorce mediation and what it entails, call our St. Charles divorce attorneys at 630-200-4882 to schedule your free consultation.

 

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#6246e8f420ae

https://www.huffpost.com/entry/divorce-mediation-myths_b_831334 

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51

 

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