Traditional Divorce Litigation Versus Mediation or Collaborative Divorce: Which is Right For Me? 

b2ap3_thumbnail_hinsdale-collaborative-divorce-lawyer.jpgUncertain financial circumstances pose a difficult question for spouses who are seeking divorce in Illinois. As the economy shifts, inflation seems likely to continue and many economists are predicting an economic contraction in the near future. Given the options available, what is the most sensible divorce strategy, given that future employment may not be guaranteed? In addition to the financial costs of divorce, spouses must also consider the time they want to spend on their divorce, as well as the atmosphere they want to maintain. While people rarely want to spend more time than necessary on their divorce, the process may be inadvertently protracted or made more hostile by taking a less collaborative route. As you contemplate which divorce strategy you want to pursue - collaborative divorce, mediation, or traditional courtroom litigation - here are some important things to think about. 

How Do Different Priorities Affect My Divorce Strategy? 

There are many priorities to balance and issues to consider when deciding on your divorce strategy. As you read this list, keep in mind that courtroom litigation is generally reserved only for those cases involving domestic violence, financial duplicity, or when other options have already been unsuccessfully pursued. 

  • Cost - Many couples consider this the most important obstacle in divorce. By far the most expensive option is litigating your divorce in court; mediation and collaborative divorce generally cost far less and resolve issues much faster, despite often having multiple additional professionals involved in the problem-solving process. 

  • Time - When a couple needs a judge’s help to resolve their divorce issues, they are subject to the court’s availability. It can take a long time to schedule a hearing, and small technical mistakes can cause hearings to be delayed or rescheduled. When a couple pursues mediation or collaborative divorce, they can move at their own pace. 

  • Customized divorce decree - When spouses work together using mediation or collaboration to achieve a divorce decree built on compromise, they are both more likely to be satisfied with the terms even if they are not completely happy about them. When a judge needs to make decisions, the results are uncertain and may not reflect either spouse’s wishes. 

  • Atmosphere - Although divorcing couples rarely agree about everything, spouses are increasingly concerned with maintaining peace. Litigation is a hostile, combative process and the results are often zero-sum. Collaborative divorce and mediation, however, allow couples to maintain an atmosphere of cooperation, especially in regard to their children. 

Contact a Hinsdale, IL Divorce Attorney

Whichever route your divorce needs to take, the experienced DuPage County divorce attorneys with Law Office of Martoccio & Martoccio are ready to help. Whether you need to litigate your differences in court, resolve them through mediation or collaboration, or work with some combination of the two, we have the experience and knowledge you need to make the process smooth and understandable. Call our offices at 630-920-8855 to schedule an initial confidential consultation today. 



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