4 Benefits of Avoiding Divorce Litigation in DuPage County

 Posted on February 18, 2022 in Divorce

There are quite a few alternatives to divorce litigation available these days. You and your soon-to-be ex-spouse can choose options like collaborative divorce or mediation. Divorce litigation is typically a last resort option when either alternative solutions have failed or your spouse absolutely will not cooperate. Reaching an agreement rather than taking your divorce case to court offers quite a few benefits. Unfortunately, there are some cases where you have no choice but to litigate. If you are going through a divorce, an attorney can help you understand what your options are and choose the one that is right for you in your situation. 

What Are the Benefits of Settling a Divorce Out of Court?

Most modern divorces are resolved without litigation. In the majority of divorce cases, your attorney is likely to steer you towards mediation, or attempt to negotiate with your spouse. Avoiding litigation offers advantages like:

• Cost - Divorce litigation can become extremely expensive. In most cases, both you and your spouse will ultimately save money by keeping your divorce out of court, even if it means making a few compromises. The more conflict there is and the more hearings you need, the more your divorce is likely to cost. 

• Predictability - There is no telling what will happen at a trial. Litigation is a risk. Should you end up in court, the outcome may not be what you thought it would be. 

• Privacy - Mediation and similar options offer much more privacy than courtroom proceedings. Few people want the details of their marriage, their finances, or the reasons for their divorce to become public knowledge. Having to resolve your divorce through public proceedings can add significant stress to an already difficult situation. 

• Time - If you are looking to end your marriage quickly, litigation is not the way to go. Especially with delays related to the pandemic, it can take quite a bit of time simply to get a trial date. After that, hearings may be weeks or even months apart. It is not that uncommon for divorce litigation to take a year or more. 

However, there are good reasons that you may need to go to court to end your marriage. If your spouse is refusing to cooperate with mediation, will not negotiate in good faith, or is entirely unreasonable in their expectations, you may have no other choice. 

Call a DuPage County Divorce Lawyer

If you are going through a divorce, Davi Law Group can help you try to achieve a resolution without going to litigation. However, should divorce litigation become necessary, our Wheaton divorce attorneys can serve as aggressive advocates. Call 630-657-5052 for a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59