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Tag Archives: divorce litigation

Wheaton divorce lawyersWhile most divorcing couples choose a collaborative divorce path (i.e. mediation), there are still situations in which litigation is either necessary or more appropriate. In fact, some divorcing parties may fare better during a litigated divorce. For others, it may be the only way to ensure a fair ruling. How do you determine if this path is right for your Illinois divorce case? The following information on the pros and cons of a litigated divorce can help you decide. 

Potential Disadvantages of a Litigated Divorce 

Since the risks of a litigated divorce can sometimes outweigh any potential benefits of litigation, divorcing parties are highly encouraged to consider the disadvantages before examining any possible benefits of this divorce path. In particular, parties should know that: 

  • Litigated divorces are usually more costly. Not only do you have to cover the court costs, but your legal fees will probably increase as well. The more contentious the proceedings become, the more your divorce is likely to cost. If money is a factor in your case (either because you have a high net worth and at are a risk for extreme financial loss or are simply concerned about your financial future), you may want to consider a collaborative divorce over litigation;
  • Litigation is an inherently adverse path to divorce. It puts you and your spouse at opposing sides, so arguments and contention are far more likely to occur, and as mentioned previously, this is likely to cost you more money;
  • There is always the risk that you will not agree with the ruling. While judges try to be fair and follow the law, they do not have the time or ability to fully understand your situation; and
  • Litigated divorces are less customized, which can be especially problematic if there are children or pets involved. In contrast, collaborative divorce can offer parents and pet owners more options when it comes to custody and visitation. 

Potential Advantages of a Litigated Divorce 

Although there are many potential disadvantages to a litigated divorce, there are also some distinct advantages that parties should know, such as:

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Illinois divorce lawyersEven in the best of circumstances, divorce can be a massive undertaking. What happens, though, when you feel like you are dealing with the worst of circumstances? How do you handle a spouse that refuses to compromise during negotiations? What recourse do you have if you suspect asset hiding or depreciation during your divorce? 

Some parties choose to take such complex matters to litigation, but it is not the best option for everyone. Learn how to determine if litigation may be the most appropriate course for your Illinois divorce, and discover how the assistance of a seasoned and competent attorney can help to improve the outcome of your case, regardless of the path you chose. 

Negotiation versus Litigation 

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Illinois divorce lawyersFor many couples going through the divorce process, the number of factors that must be discussed as the dissolution of the marriage is handled can be overwhelming. While some partners are able to separate with little to no legal roadblocks, a majority of people experience some challenges throughout the journey. This is certainly understandable, considering the many issues that can arise when a marriage ends. Couples are faced with having to pick apart the lifestyle they have been accustomed to, and must then decide how to divide finances, living arrangements, and standing obligations with their soon-to-be ex-partner.

Is Your Divorce Contested or Uncontested?

The primary difference between a contested divorce and an uncontested divorce is how the parties respond to the dissolution of the marriage. In an uncontested divorce, both parties agree in all areas, including the division of marital property, the allocation of parental responsibilities, parenting time, and any other non-parent issues that may apply to the couple’s situation. When a divorce is contested, this means the parties disagree on one or more of these areas. Under these circumstances, the dissolution of marriage must be negotiated or litigated through mediation or in court.

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DuPage County divorce attorneys, get a divorceMaking the choice to get divorced is one of the hardest decisions you may ever have to make. Divorces can be as unique as the couples in them; what makes sense for you may not be the right choice for others. Yet once you and your spouse have made the decision to divorce, what comes next? The following suggestions may prove beneficial if you feel your marriage is irreparable. 

Contact an Attorney

The first step in the divorce process is to contact an attorney so he or she can offer you specifics of what to do or what not to do. For example, sometimes leaving the marital home can hurt your case later; therefore, your attorney may suggest that you remain in the home.

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DuPage County family law attorneys, social media and divorceA study has found that high levels of Facebook use are associated with poorer relationship outcomes. Hence, it is not surprising that social media has become part of many family law cases. Therefore, it is important that you are mindful about what you post on social media, especially if you are in the middle of or preparing for a divorce or custody case.

Even if you do not have a family law case on the horizon, however, you should always be aware of what you are posting and the ways it may be used in litigation—it is impossible to truly delete content after it has been on the Internet.

There are common ways that social media is used to influence cases. Yet, as new precedents are being set all the time related to technology and applications, caution when posting is always warranted.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone630-580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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