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Illinois divorce mediation lawyersDivorce mediation has quickly become a popular way for parties to divorce - and not just because it offers a more cost-effective way to dissolve a marriage. Mediation also encourages cooperation and compromise between the divorcing parties, which can help to improve the overall outcome for divorcing parents, older divorcing couples splitting a retirement, and couples with a high net worth marriage. Still, divorcing parties often feel more at ease when they know what to expect from the divorce mediation process. Learn more in the following sections, which address some of the most frequently asked questions about divorce mediation in Illinois. 

What is Divorce Mediation? 

Before mediation, divorcing parties were pitted against one another and placed on opposite sides in court litigation. Sadly, this led to many poor outcomes, especially for children. Mediation works differently. It encourages the parties to compromise and come to an agreement that works for all involved parties (parents, children, and even pets). Parties who successfully reach an agreement can avoid court proceedings altogether, but if an agreement cannot be made, the parties may still address their issues in court and allow a judge to decide on the matters that are pertinent or problematic in their divorce. 

Are There Any Benefits to Choosing Mediation Over Litigation?

Mediation is often chosen by divorcing couples because it offers them a way to end their marriage faster, and more amicably. As a result, they are better able to preserve their wealth. Children are also less likely to suffer maladjustment when their parents go through a divorce, especially when parents strive for amicable proceedings and an agreement that allows the child ample time and support from each of their parents. Agreements can also be more flexible for those that go through mediation. Parents, retiring divorcees, and even high net worth individuals often find this to be a benefit in their Illinois divorce cases. 

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Illinois divorce attorneysThe 2015 Supreme Court decision in Obergefell v. Hodges required that all 50 states recognize same-sex marriage, but a gap in the family law system remains. Couples, who may have spent years living together before they could legally marry, find that same-sex divorce is not just complex, but potentially unfair – even in a state that strives to provide an equitable distribution to all divorcing parties. Learn how you can protect your rights and best interests, as well as those of any children that may be involved, with help from the following information.

Understanding the Problem

During the division of assets (and possible consideration of alimony), judges consider several factors – one of them is the duration of the marriage. For same-sex couples, the start of the marriage may have occurred long before the state legally recognized or allowed their union. Sadly, this creates quite the problem when trying to determine the duration of the marriage – especially if the parties disagree on the date. Yet, even if both parties agree on the date on which the marriage began, the judge may not acknowledge any of their time together before the legal commencement of their marriage in the settlement.

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Posted on in Divorce

Filing for divorce is one of the most stressful events a person can experience. In some cases, ending a marriage can cause psychological damage. Fortunately, there are several things that you can do to make the process easier and healthier for everyone involved. divorce IMAGEMany respond to the end of a marriage with grief and anger, or feelings of fear and anxiety. These feelings often catch you off guard. As you proceed through your divorce, it is important to be compassionate and kind to yourself. Try to avoid thinking of your divorce as a battle. Write down details and questions to ask your divorce attorney when you’re calm so that you will remember them later. It may also be helpful to develop a script of sorts for face-to-face communications with your soon-to-be ex-spouse. This can make things easier when you have to meet to discuss details, whether in court, or an alternative dispute resolution meeting. If there are children involved in the relationship, it is important that you do your best to keep conflict away from them. You need to come up with a plan for talking to your children, and talk to them together with spouse. Be honest and open with them in order to keep the lines of communication open, and give them plenty of notice before big changes like moving, or your spouse moving out. Following the divorce, try to minimize large changes for at least a year, and allow them to maintain close contact with their other parent. It is important to remind young children that the divorce is not their fault, and that both parents still love them. Finally, take care of yourself. It can be easy to let your personal needs slide during the stressful time, but it is imperative that you do not do so. If necessary, enlist the help of your family and friends. You may also consider seeing a therapist, or enrolling in a support group. Divorce isn’t something that anyone looks forward to, but it is possible to have a healthy divorce. Contacting a qualified Illinois divorce attorney can help. We can ensure that the process goes as smoothly as possible.

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