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Hoffman Estates divorce mediation lawyerWhen getting a divorce, most couples want to get the process over with as quickly and amicably as possible. This is why divorce mediation has become such a popular option today. During mediation, the two spouses sit down with a mediator and work together to come to an agreement on the terms of the divorce. The mediator does not represent either party or make any decisions; instead, he or she is simply a facilitator that encourages the couple to cooperate to resolve issues in a respectful and honest manner. 

There are many advantages to mediation. A couple can complete the process much more quickly than a litigated divorce that means significant savings as well; however, there are also some potential drawbacks to mediation. Before deciding to enter into the mediation process, you should be aware of these limitations. 

The Difficulty of Finding Assets

During a litigated divorce, your attorney has a number of means to determine the full extent and value of your marital assets. During the discovery phase, depositions, subpoenas or other methods may be used to obtain information from your spouse, and questions asked under oath must be answered honestly. This can ensure that all marital property will be discovered, and this process will reduce the possibility that your spouse will attempt to hide any assets from you. During mediation, these resources are not at your disposal. If your spouse is hiding any assets, you will be unlikely to uncover this information during mediation. 

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Hoffman Estates divorce attorney

If you feel that your marriage may end in divorce, you are probably wondering about the steps that you will need to follow to complete the process of dissolving your marriage. Since divorce almost always causes financial upheaval, you also may be wondering if you can save money by attempting to complete the process without being represented by an attorney.

Should I File for Divorce Without a Lawyer?

In Illinois, everyone has the right to represent themselves in court and that includes while getting a divorce; however, if you and your ex-spouse will need to resolve disputes through litigation in court, you should seek the help of an attorney. A lawyer will ensure that your rights are protected throughout the legal process and help you understand the steps that will be followed and the requirements.

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 Rolling Meadows lawyer for mediation

Getting a divorce is rarely easy. When a couple is facing divorce, they often envision lengthy legal battles in the courtroom. However, divorce proceedings do not have to involve the courtroom at all, and ex-spouses are often able to part ways amicably. When a couple wants to minimize the amount of conflict in a divorce while having control over the terms of their divorce settlement, they often turn toward mediation.

Mediation is a process in which the two divorcing spouses meet with a mediator to come to an agreement on all terms of the divorce, including child custody, child support and property division. Mediation often sounds like the ideal solution because these proceedings are civil and respectful. However, like anything else, mediation does have its own pros and cons. You should weigh these against each other when considering whether mediation is a viable solution for you.

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Mt. Prospect collaborative divorce attorneyWhen a couple chooses to get a divorce, it can be one of the most difficult decisions to make. However, once this decision is made, spouses quickly learn that they must also decide how to proceed with their divorce. In many cases, they will want to work together to settle their differences rather than pursuing costly litigation in court. Two methods of alternative dispute resolution are mediation and collaborative law. So, which is best for a couple to choose?

Mediation

During divorce mediation, a couple will work with a qualified mediator. The full mediation process is outlined in the Uniform Mediation Act, found in the Illinois Compiled Statutes. Over the course of several meetings, the mediator will help the couple come to an agreement about the outstanding issues in their divorce. The agreement will include many different terms, including a parenting plan, child support and alimony obligations, and decisions about the division of property and debts.

The mediator will remain neutral throughout the proceedings, and he or she will not make any decisions for the couple. Instead, the spouses will have full control over the decisions made, and the settlement will only be legally binding if both spouses agree on its terms. After an agreement has been reached, the mediator will draft any paperwork that is required. This will include a Memorandum of Understanding that will outline the terms agreed upon.

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divorce mediation, collaborative law, Illinois divorce, family law, Filing for divorce is almost always a difficult and time-consuming process for all parties involved. When the parties cannot agree on various terms and conditions necessary to the finalization of the divorce, such as how to divide assets, child support, and child custody issues, emotions can get hot. The “traditional” divorce involves litigating the matter within the court system. The process of traditional litigation ultimately means that crucial decisions are made by a judge, and not by the individual parties. In addition, a litigated divorce is often more costly and time-consuming than one settled through other channels.

As a result of these challenges, many couples are now choosing to turn to mediation to settle the issues that accompany any divorce, including division of marital assets, benefits from pension funds, maintenance, issues regarding child support, custody, and visitation.

Divorce Mediation in Illinois

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