Tag Archives: mediation

marital property negotiations, Illinois divorce attorney, marital estate division,Your first question when contemplating divorce may be how your property and assets will be split between you and your spouse. Financial concerns are often key factors during the divorce process. Many people hesitate before initiating a divorce due to such concerns. If you are thinking about divorce, but are worried about the financial consequences, it is in your best interests to speak with an attorney in the area, who can educate you on the process of property division and help answer any other questions you may have.

The Basics of Divorce Property Division

In Illinois, “marital property” usually includes all property and assets acquired during the marriage. During a divorce, marital property is divided between the spouses, though the division is not necessarily equal. In fact, Illinois courts use a system termed “equitable distribution” to divide the marital property. Equitable distribution requires that each spouse receive a fair share of the marital property based on his or her monetary and non-monetary contributions to the marriage. Some common types of marital property may include:

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Illinois family law attorney, Illinois divorce law, divorce negotiations, Divorce can be an overwhelming process in every aspect. Feeling overwhelmed emotionally, financially, and even physically is not uncommon during a divorce case. As two spouses end their legal union, many complications can arise. Even the most straightforward divorce matter can become quite complex very quickly, and may require a professional with a significant knowledge of Illinois law. Sometimes, it seems that only a judge at trial can resolve these complications. However, an alternative dispute resolution method, mediation, is often used with great success while saving each spouse significant legal costs. Not every case can be resolved through mediation.

What Is Mediation?

Simply put, mediation is a way to resolve major divorce issues in an efficient and straightforward manner. Usually, both divorcing spouses and their attorneys are present at a mediation session. A neutral third party (often another lawyer or retired judge) serves as the mediator and facilitates the conversation. Unlike an arbitrator, a mediator does not make final decisions for the parties. During a mediation session, the two parties (either directly or through their lawyers) discuss unresolved issues such as child custody, child support, alimony, or property division. The goal of mediation is to quickly and mutually decide issues that otherwise could take weeks, months, or even years to resolve.

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illinois divorce mediation attorneyReason three: Mediation and settlements are usually the best ways to resolve a divorce in Illinois. But not always!

Endless negotiations do not leading anywhere. Sometimes so much time is spent in negotiating and trying to strike a deal with a party or lawyer who is impossible that it is simply more cost-effective to have a trial with a judge's decision than to endlessly negotiate a case that has no hope of settlement.

A trial can be finished many times in one day, as opposed to negotiations that never seem to come to an end.

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There are several options available to you in Illinois if you are considering a divorce, but are unsure. You should discuss your situation with an attorney, and consider a legal separation, or mediation and counseling.

Legal Separation

If two spouses are living separately and there is no fault in the marriage, one spouse can legally ask for reasonable support and maintenance during the time that they live apart. The respondent is the spouse that will have to provide support and maintenance, and the petitioner is the spouse that requests it. If the respondent is not found in the state, the petitioner may bring the case to the circuit court. The case will be similar to a dissolution of marriage case.

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1. Talk to an attorney first! - It is very important that you talk to an attorney before doing anything else. Your lawyer will help you to assess the case and should thoroughly educate you in the area of Divorce law. You can contact our Hinsdale divorce attorneys for a free initial consultation. 2. Talk to your spouse second! - Obviously, once you have an idea of what is going to happen in your divorce, you are better able to talk with your spouse and try to work things out. But without first consulting a divorce lawyer, you are in no position to negotiate a deal. 3. Explore Mediation with your Attorney! - Mediation is a process whereby parties use a neutral person to try to reach an agreement. It has a very high success rate and allows spouses to dictate their own agreement without having a Judge reach an agreement with which neither party may be satisfied. 4. Children? Help them cope with Divorce! - Take the course "Helping Children Cope with Divorce". This course is required in Bexar County prior to the granting of a divorce and is available around the State. It helps parents understand how little comments or actions on their part can have a devastating effect on their children. 5. Be smart - stay rational - and heed the advice of your attorney! - Going through a divorce is kind of like going through a temporary state of insanity. It is only a matter of degree. For more information on Family law and Divorce in the DuPage County area or within Illinois, contact Martoccio & Martoccio at 630-920-8855 or visit their website at www.hinsdalelawyers.com.

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