When getting a divorce, many couples think it is going to involve a lengthy and bitter courtroom battle. However, this is often not the case. Many couples choose to settle their divorce through mediation. Mediation is a method of alternative dispute resolution in which the two spouses meet with a neutral third-party, the mediator. During these meetings, the mediator attempts to bring the couple to a mutual agreement on all terms of the divorce. The process requires compromise on the part of each spouse, but there are many advantages to the process, which are listed below.

Mediation Is Faster

When going through litigation to get a divorce, the couple is at the mercy of the court’s schedule. That, along with the fact that trials are often lengthy, makes litigated divorces take much longer than those that are settled during mediation. While a litigated divorce may take several months to a year to settle, mediation can involve just a few sessions that take place over the course of several weeks.

Mediation Is Less Expensive

Generally speaking, mediation is cheaper than going through litigation for divorce. Mediation does not involve fees such as court costs and the fact that it is a faster process than going to trial typically means that mediation is cheaper than going to court.

When 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.

Divorces 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.

No one wants to go through a divorce that drags on for months at a time. The chances are, if you are going through a divorce, you want it over and finalized as quickly as possible. Truthfully, there is no way to tell how long your divorce will take. It takes as long as it takes for you and your spouse to agree on all the issues, or as long as it takes a judge to come to a final decision. That being said, there are some guidelines to follow that can help you determine how long it will take for you to get your divorce finalized.

Waiting Periods in Illinois

In Illinois, there are some waiting periods that affect how long a divorce will take. If you and your spouse both agree to the divorce, you must live apart for six months prior to filing. If one of you does not agree to the divorce, that time period is extended to two years of living apart.

To file for divorce in Illinois, at least one spouse must have lived within the state for 90 days. This time period also increases to 180 days if there are children involved in the divorce.

There are around 5,000 marriages per year in DuPage County, and there are almost half as many divorces annually, according to the Illinois Department of Public Health. The first step of divorce begins with what is called the petition for divorce. The petition for divorce is served by one spouse to the other. The spouse that serves the petition to the other is called the petitioner. First, they must file papers with the court, after which they are required to legally deliver, or serve, the petition to the other spouse.

What Information Does the Petition Include?

The petition for divorce generally includes all of the following information:

• Location of marriage
• Date of marriage
• Names and addresses of the spouses
• Names of children
• Grounds for divorce
• Statement that at least one spouse has had residency in the state for at least 90 days, allowing the divorce to take place in Illinois, as per 750 ILCS 5/401
• Information about how the petitioner wants to settle matters such as division of marital assets, child custody, child support, and alimony

Temporary Orders

A petition for divorce may request the court to place temporary orders to help with the following: