Every year, more divorcing couples in Illinois are using the benefits of divorce mediation to help them avoid the expense, hostility, and hassle of trial litigation. Mediation can give couples more control over their divorce decrees, greater privacy, and a quicker overall divorce. Despite these benefits, divorce mediation is still a challenging process that requires preparation and careful thought. Many important decisions must be made that will affect each spouse for many years to come. Here are four tips to help you get ready for your divorce mediation in Illinois.
It is easy for negotiations to be sidetracked by old grudges and personal judgments. But these will not be resolved in mediation, if ever, and they distract from the real work at hand. Before meditation starts, get into a collaborative mindset and visualize you and your spouse cooperating. When you are tempted to fall back into old conflict, return your focus to collaboration. Keep in mind that your spouse feels as strongly about their position as you do and that you may be more likely to get concessions if they feel heard and understood.
A good compromise leaves everyone unhappy, or so the saying goes. Neither spouse is going to get everything they want during divorce, but if you can establish your priorities early on you may be able to tackle issues more quickly because you know where you can give and take. Most issues in divorce are flexible, including child support, spousal support, parenting time, and marital asset division.
It can take a long time to get everything ready for divorce. You will need documents detailing your financial assets and debts, property and vehicle ownership, and your pre- or postnuptial agreement if you have one. You may want to start gathering these documents before you even begin divorce preparations, just in case your spouse is upset about the divorce and refuses to cooperate initially. Mediation is a time for collaboration, but it never hurts to be prepared.
A mediator is neutral and does not give legal advice. Although you may not want your attorney present during mediation meetings, it is wise to regularly meet with your attorney before and during the mediation process to get legal advice and to make sure that negotiations are proceedings fairly. Plus, if the mediation is unsuccessful, your attorney can continue to represent you through further proceedings and they will already be familiar with your case.
At Law Office of Martoccio & Martoccio, we pride ourselves on informing our clients and helping them prepare for every stage of divorce. If you are considering divorce and want to learn more about mediation or collaborative divorce, schedule a free consultation with one of our experienced DuPage County divorce lawyers. Call our offices today at 630-920-8855.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000