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Divorce Mediation Vs. Litigation: Which Is the Better Option for You?

Posted on in Divorce

Winfield divorce attorney litigation mediationGetting a divorce means making decisions that will affect you and your family for the rest of your lives--it is safe to say that divorce should not be taken likely. Most people think that you only have one option when it comes to getting a divorce: litigation in court. But as there is more than one way of getting married, there is more than one way of getting divorced. Another increasingly popular method of dissolving marriages is mediation. Examining the pros and cons of each form of divorce can help you decide which type of divorce would be better for you.

Litigation

Many people consider litigation to be the traditional divorce method. In a litigated divorce, both spouses are represented by their own lawyers. The lawyers are there to give their parties legal advice about certain issues and to negotiate the terms of the divorce agreement. If negotiations between the parties fail, the attorneys can represent the parties in court, asking the judge to make a final decision about any outstanding issues.

Litigated divorces can often be long and stressful, especially if they go to trial. Divorce litigation is not uncommon, especially because nearly 80 percent of divorces are sought by only one spouse while the other spouse is not in agreement. When your divorce case goes to court, it increases the amount of time it takes to reach a decision, because you are relying on the court’s availability and timeline. Litigated divorces can also become messy and combative, which can be hard on the whole family, especially the children.

In addition, when your case goes to court, you no longer have much say in the decisions that are made. The judge assigned to your case will make determinations according to their interpretation of the Illinois Marriage and Dissolution of Marriage Act, and you may feel that their decisions are not in the best interests of you and your family.

Mediation

In a mediated divorce, a neutral, third-party mediator helps the couple come to an agreement in all aspects of the divorce, including property division, parental responsibilities, child support, and spousal support. The mediator is not able to advocate for either spouse, but must bring issues to the couple’s attention that need to be addressed, allowing them to make the final decisions. The mediator does not necessarily have to be a lawyer, but a mediator who is an attorney can help couples understand the legal issues that must be resolved.

Because mediation requires both spouses to be open to negotiation and civil toward each other, it is an option that can be favorable for couples with children. Divorce is a stressful time, and mediation can help the divorce go a bit more smoothly, ultimately lessening the impact of conflict on children.

Because of the nature of mediation, there is also a greater probability of each spouse following through with the terms of their divorce agreement. The collaborative nature of mediation increases the ability of each spouse to have control over the outcome, meaning they will have taken part in the decision-making process and are more likely to be satisfied with the agreements that are reached.

Contact a Certified Divorce Mediator in DuPage County

The first step in initiating the divorce process is consulting with a skilled Wheaton divorce attorney. When you work with the Law Offices of Nancy Kasko, LLC, you have the option of obtaining a divorce through a variety of different methods. Nancy Kasko is an experienced divorce attorney and a certified mediator who can help you reach a positive outcome in your divorce through whichever method you choose. To set up a free consultation, contact our office at 630-836-8540.

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#5ca9ccf720ae

https://psychcentral.com/blog/4-different-types-of-divorce/

https://www.divorcemag.com/articles/divorce-dispute-resolution-choosing-the-right-method/

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