Do I Have To Go Through Mediation for a Divorce?

 Posted on May 22, 2025 in Mediation

Sometimes, a judge will require a couple to go through the mediation process during divorce in Illinois. Mediation is helpful for many reasons, including offering a less expensive and faster option for divorce proceedings than the litigation process. For many couples, having a neutral party walk through critical elements of divorce with them alleviates a significant amount of stress. After speaking to a Wheaton, IL divorce attorney about the benefits, you may decide to attempt the mediation process without a court order.

When Is Mediation Required for an Illinois Divorce?

According to Illinois law, a judge must require parents to undergo mediation if they cannot agree on a parenting plan as part of their divorce or if they have not been able to agree on modifying or enforcing an existing parenting plan. Therefore, if you have children and you and your co-parent disagree on the terms of the allocation of parental responsibilities, including decision-making obligations and parenting time, the court may require you to work together in mediation with a neutral third party to try to reach a compromise. According to statute 750 ILCS 5/602.10, the only time a judge would likely refrain from ordering mediation would be if there are impediments to the process.

When Does Mediation Occur During a Divorce in Illinois?

Mediation can occur at any point during the divorce process. You can also opt for mediation before filing for divorce. If you and your spouse can reach an agreement, you can file for an uncontested divorce, saving you money and streamlining the process. The agreement must address how you will divide your marital debts and property, whether a spouse will pay spousal support, and how you will allocate parental responsibilities.

Mediation may be necessary after the divorce is finalized. For example, you may need to move with your child, adjust the parenting schedule, or modify your child support. Mediation can help you avoid the cost of going back to court for a judgment. Again, if you bring those disputes to the judge, they may require you to undergo mediation. 

When Does It Not Make Sense to Attempt Mediation for an Illinois Divorce?

Mediation is not always a viable option. It requires cooperation and communication, and for some couples, that is not possible. As previously mentioned, there are situations that would qualify as an impediment to mediation. Examples include:

• A spouse who is abusive, including harassing, intimidating, or interfering with their spouse’s personal liberty.

• Either spouse has a mental or cognitive impairment.

• Either spouse has a chemical dependency or abuses alcohol.

• Either spouse has undue influence over the other.

Because you can choose mediation, you may decide to move forward with it, despite volatility. If that is the case, talk to an attorney about your options for making the process safe, such as meeting the mediator separately.

Contact a Wheaton, IL Divorce Mediation Attorney Today

Whether your mediation is court-ordered or something you choose to do, it can be a highly beneficial process for both parties, especially if you have children. Fostering a collaborative environment you can continue nurturing after the divorce will benefit you and your children. If you have questions about the mediation process, an experienced DuPage County, IL mediation lawyer at Davi Law Group will explain how we can help you. Call 630-657-5052 to schedule a free consultation today.