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Tag Archives: family law 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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DuPage County child representation lawyers, legal representation for childrenWhile children are not often named parties in family law litigation, they are frequently greatly affected by the outcome of family court matters such as parenting time and visitation.

Illinois family law has three different ways that the interests of children can be represented. The three types of attorneys are: attorney for the child, child representative, and guardian ad litem. While each may sound similar, there are important differences between these roles and the nuances should be understood.

Attorney for the Child 

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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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