Tag Archives: divorce litigation

IL divorce lawyerThe divorce rate in Illinois is lower than it is throughout much of the country, but that does not mean that ending a marriage in Illinois is any cheaper. In Illinois, it can cost anywhere between $35,000 and $70,000 to get a divorce, but it does not always have to cost that much. These high costs are typically reserved for litigated divorces or those that go to court where a judge can make all the decisions on the terms of the divorce. Mediation is one way to lower the cost of divorce, and it also has many other benefits, as well.

The Cost of a Mediated Divorce

Like any other type of divorce, no one can say for certain just how much a mediated divorce is, as it completely depends on the facts of the case. It is known, however, that mediation can lower the cost of divorce by as much as $10,000. The number one factor that will drive up the cost, even in a mediated divorce, is the extent to which the two spouses can agree to the terms of the divorce. When the two spouses can agree fairly quickly on those terms, the divorce will cost less for both of them.

Amicable Mediation can Lead to Better Cooperation in the Future

Many people have heard stories of bitter divorces that lasted a long time and even after the divorce was finalized, the two former spouses still could not stop fighting. There may be conflict surrounding issues such as child custody or spousal maintenance, which leads to regular fights between the former couple.

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Il divorce lawyerWhen imagining going through a divorce, many people imagine a long and drawn-out courtroom battle. Although many couples resolve their issues during mediation, it is true that some divorce cases end up in trial, where a judge will make a decision on all the terms of the divorce. By the time a divorce case makes it to trial, there is often already a lot of animosity between the couple. Below are a few tips that can help prevent that from happening, and ensure your divorce trial goes as smoothly, and as quickly, as possible.

Communicate with Your Spouse

Even if your divorce does not involve children and you do not plan on seeing your spouse after the divorce is finalized, it is important to remain civil and communicate openly with your spouse. Fighting and arguments do not make the divorce process any easier for you or your spouse, and a judge is likely to get tired of it, too.

Provide All Documents Pertaining to Assets

During the discovery phase of the trial, each side will provide the other party with documents pertaining to assets and property they own and that are considered marital property. It is important to make sure that you provide all of these, and that you double and triple check you have provided everything. Even an honest mistake could look like you are trying to hide assets and a judge will not look kindly upon it.

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IL divorce lawyerDivorces that go through litigation take longer and are often more expensive than divorces that settle out of court. Unfortunately, sometimes there is no other option. Although the term ‘trial’ often has people imagining lawyers battling it out and yelling at each other, that does not actually happen. So, if your divorce must go to trial, what can you expect? Below are the basics of what will happen in any divorce trial in Illinois, so you can know what to expect if that is where yours is headed.

When Is a Trial Necessary in Divorce?

There is a good chance that during the divorce proceedings, one or both spouses may have to go to court. These are usually hearings though, and not an actual trial. A trial is only necessary when the spouses cannot agree on terms such as maintenance or child support.

When the couple cannot agree to all the terms of a divorce and it goes to trial, a judge will make the final decision on those terms. This is one reason why couples often try to avoid litigation but again, that is not always possible.

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IL divorce lawyerDivorce can be expensive. What many people do not know is that there is a way to cut those costs so that in the end, you are not left with nothing. While a divorce will still likely cost you something, there are ways that you can mitigate the expenses so your divorce does not cost you absolutely everything in the end. If you can follow the below tips, you will find that your divorce is much cheaper than most.

Avoid Litigation

When many people think about divorce, they envision a bitter and messy courtroom battle. Although many divorces go this route, that does not mean that yours has to. The most expensive way to divorce is to go through litigation. If you can find an alternative, your divorce will be much easier on your wallet.

Try Mediation

Mediation is one of the best ways to avoid litigation. During mediation, you and your spouse will meet with a mediator. Mediators are neutral third parties that do not give legal advice but do try to get you and the other side to come to an agreement that is fairly mutual. You can still work with an attorney to ensure your rights are being protected. Your divorce will just end up costing less and take less time in the end.

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Hinsdale IL divorce attorneyThere are many ways you can go about getting divorced. There is divorce mediation, collaborative divorce, even a do-it-yourself divorce - but the most common process couples decide to go with when getting a divorce remains to be a litigated divorce.

With a litigated divorce, both spouses hire lawyers to give them legal advice and help them hash out issues. While many litigated divorces do not always use a judge decide such issues, you must always appear in court to have your divorce finalized.

Certain rules of etiquette should be followed in court. Try to avoid making these mistakes when you go to court during your divorce:

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