Timeline for Divorce: Litigated vs. Collaborative vs. Mediation

 Posted on May 16, 2020 in Family Law

Going through a divorce is difficult enough, and no one wants the process to drag on for a long time. It is for this reason that so many people choose alternative dispute resolutions rather than going to trial, which undoubtedly takes the longest amount of time. Alternative dispute resolutions include collaborative divorce and mediation, two methods of divorce that are often quicker than litigated divorces, but that are also largely misunderstood. So, if you are going through a divorce, what is the fastest way to do it?

Timeline for a Litigated Divorce

Going to trial will generally take the longest when going through divorce, even though judges typically try to get the parties to agree on a settlement before going to trial. Family courts generally have heavy caseloads and they simply do not have time to take every case to trial. Judges may even provide recommendations that can help the two parties come to a settlement before trial. If a case does go to trial, the parties involved can expect it to take anywhere between 12 and 24 months, and perhaps even longer if there are very contentious issues.

Timeline for a Collaborative Divorce

The length of time a collaborative divorce takes really depends on how much the two spouses fight about the different terms of the divorce, such as child custody and property division. It is true that just like with any other method of divorce, you and your spouse will not agree on everything in a collaborative divorce. However, conflict in a collaborative divorce is typically less than in a litigated divorce.

Collaborative divorce coaches are typically present at all meetings and they help facilitate compromise between the couple and reduce the number of arguments. Neutral third parties are also often present, such as financial experts, that are simply there to present facts, and those are difficult to argue. The lawyers present are also aware that they will lose the client if they cannot come to a settlement during a collaborative divorce because the law prohibits them from representing the same clients during trial.

Timeline for a Mediated Divorce

Mediated divorces are usually the quickest divorces, although the length of time will still depend on many factors, including how agreeable the two parties are and the complexity of certain factors, such as property division. Generally speaking, mediated divorces take several weeks, and maybe even several months. Mediation meetings are spread out with the parties typically meeting every one or two weeks and each session lasts for approximately one to two hours.

Our Illinois Family Lawyers Can Help Expedite Your Divorce

One of the best ways to ensure your divorce is finalized as quickly as possible is to work with a knowledgeable and experienced Hinsdale family lawyer. At the Law Office of Martoccio & Martoccio, we know how to navigate the family law system and will effectively negotiate with the other side to get your divorce finalized as quickly and as smoothly as possible. Call us today at 630-920-8855 or contact us online to schedule a free consultation and to learn more about how we can help with your divorce.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000