Tag Archives: mediation

3 Reasons to Use Alternative Dispute Resolution in an Illinois Divorce

DuPage County collaborative divorce lawyerThere are a wide variety of issues that will need to be settled in a divorce case, and resolving disputes through litigation in court can be costly and time-consuming, while resulting in less than optimal decisions for your family. To address these matters more effectively and avoid contentious disputes, you might want to consider alternative dispute resolution (ADR), which could include collaborative lawmediation, or arbitration.

Why Use Alternative Dispute Resolution?

Some of the best reasons to use alternative dispute resolution instead of traditional litigation include:

  1. Efficiency—ADR can provide significant savings of both time and money during the divorce process. Making multiple court appearances and preparing for a divorce trial involves significant expenses, and legal proceedings can last several months, or even years. ADR can help you streamline the process of resolving your disputes and allow you to reach a divorce settlement much more quickly while avoiding unnecessary expenses.

  2. Less Intimidating—Appearing in court before a judge can be a daunting experience, and you may be unsure about the procedures followed or the requirements that must be met during litigation. Mediation or other forms of ADR, on the other hand, can be much more casual and straightforward, allowing you and your spouse to speak your mind and work to reach mutually agreeable resolutions to your disputes.

  3. Real-Time Feedback—When resolving divorce disputes through mediation or collaborative law, you and your spouse can work through your problems in real time without interference from outside parties. This will give you more control over the outcome of your divorce, and you can work together to reach agreements that will meet your needs both now and in the future. In addition, the collaborative nature of ADR methods can foster a much more civil relationship between the two of you, and this can be especially beneficial if you will be working together as co-parents of your children following your divorce.

Contact a DuPage County Divorce Mediation Attorney

You do not always have to settle divorce or family law cases through the courts. There are numerous other options available to you, and understanding how to use alternative dispute resolution methods may allow you to reach a settlement more quickly while saving money and avoiding contentious disputes. The experienced collaborative law attorneys at Andrew Cores Law Group can explain the options available to you. Call a Wheaton, IL divorce lawyer at 630-871-1002 to arrange a free consultation and learn more about how you can reach a positive outcome to your divorce.

Sources:

https://www.isba.org/public/guide/adr

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2587&ChapterID=51

https://www.idfpr.com/CCICO/PDFs/What%20is%20Alternative%20Dispute%20ResolutionR1.pdf

How Has Divorce Changed Over the Years?

DuPage County no-fault divorce attorneyMuch of the data today suggests that around 40% of all marriages end in divorce, as opposed to the popular belief over the last several decades that divorce is the end result of at least half of all marriages. Even though it may seem like a recent trend, the concept of divorce has actually been around in history for much longer than the last century, and it has always been at the forefront of many spouses’ minds. Here are some interesting facts about divorce and its evolution throughout history:

A Brief History of Divorce

Believe it or not, the idea of divorce may have been around for as long as the institution of marriage itself. For instance, King Henry VIII asked the Pope to let him divorce Catherine of Aragon. After the Pope refused, Henry VIII divorced her anyway, remarrying Anne Boleyn instead, and this would prove to be the catalyst for the Church of England separating from the Roman Catholic Church. Overall, people’s perceptions of divorce and the laws surrounding the dissolution of marriage have changed and evolved over the years in a variety of ways, including:

  • Divorce saw one of its earliest spikes in North America during the American Revolution. The same ideology of personal liberty that contributed to the country’s founding did not just color people’s visions of government; it also affected how they viewed marital vows.

  • Early divorce laws in the 1800s strictly required physical proof of cruelty or adultery. However, lawyers and spouses alike became creative with their interpretation of the laws, which led to the creation of “omnibus clauses” to enable divorces based on the court’s own best judgment.

  • Even with divorce laws in the late 1800s and early 1900s requiring “fault-based” filings, the divorce rates continued to rise. The stipulations with regards to these “fault-based divorces” led to a wide array of issues, such as:

    • The “Clean Hands Doctrine,” which meant that the person filing the divorce could not have contributed in any way to the dysfunction and dissolution of the marriage. In other words, two people who hated being married to each other could not get a divorce under this doctrine.

    • In Illinois, “fault-based” was taken to a new extreme when judges began allowing testimony from witnesses saying that they saw physical marks on someone’s skin from slaps or other physical abuse, which could not really be proven and would probably be declared hearsay in a modern courtroom.

  • In the late 1960s, then-Governor Ronald Reagan introduced the Family Law Act in California, which enabled “irreconcilable differences” as a reason for divorce, paving the way for the now-common “no fault” divorce laws that are used in most states, including in Illinois. Fortunately, this advent in divorce law has made the divorce process much less adversarial and, in many cases, fairer and much more collaborative.

Contact a Wheaton Divorce Lawyer

Now that you know how far the divorce laws have come, you can see how fortunate you are to live in this day and age. Something as beneficial as collaborative law and mediation for your divorce would probably not have been possible during times when spouses were exceedingly combative with each other and required creative interpretations of divorce laws. For legal help to ensure that your rights are protected during the end of your marriage, call a DuPage County family law attorney at 630-871-1002 to arrange a free consultation today.

Sources:

https://time.com/4521314/divorce-history-sarah-jessica-parker/

https://www.theatlantic.com/magazine/archive/2020/03/the-nuclear-family-was-a-mistake/605536/

https://www.psycom.net/divorce-culture

What Is Equitable Division of Property in an Illinois Divorce?

Wheaton, IL property division lawyerAs discussed in a previous blog, the division of property in a divorce is a complex and nuanced issue in Illinois. This is because, as with many states, property is not simply divided equally; by law, it must be divided “equitably.” In general, equitable distribution of assets is not a strict and simple process. Typically, the decisions are subjective depending on what the parties or the judge find to be fairest depending on the circumstances. The determination of what is “equitable” is based on a variety of factors.

What Is Considered “Equitable” in Illinois

As mentioned in the last post, only marital property can be divided in a divorce; that is, only property or other assets purchased or obtained during the marriage will be divided. As such, the equitable distribution of property refers only to marital property.

While there might be that rare occasion when what is considered “equitable” in a divorce case just so happens to also be “equal,” more often than not, equitable division of assets is much more complicated and multifaceted. Overall, when determining what is equitable, divorcing spouses, their lawyers, and the judges in their cases may consider any or all of the following:

  • The amount of financial or other contributions each spouse made to the property or assets during the marriage

  • The employment of each spouse, including vocational training and future opportunities for upward mobility

  • The financial obligations of each spouse, including alimony and spousal support

  • The duration of the marriage

  • Either spouse’s use of joint income for purposes unrelated to the marriage

  • Each spouse’s ability to attain more of the same assets in the future

  • The physical health of each spouse

  • Any prenuptial or postnuptial agreements

  • The future financial needs of each spouse

Distributing the Assets Equitably

Once the aforementioned factors are taken into consideration in the division of property during a divorce, the respective parties or the judge in their case must decide how the assets and property will be equitably divided. This may involve something as straightforward as dividing the assets according to specific percentages, or it could be more intricate and long term, requiring future installment payments over time from one spouse to the other.

Contact a Wheaton Divorce Attorney

There are many factors to consider when making a determination about what is equitable when dividing property during your divorce. Due to this, it is important that you have a well-informed DuPage County asset division lawyer on your side through the entire divorce process. If you want to ensure that your property will be equitably divided in a way that protects your financial security, contact us at 630-871-1002 for a complimentary consultation.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Divorce.pdf

https://www.investopedia.com/terms/e/equitable-division.asp

https://www.forbes.com/sites/jefflanders/2011/04/12/understanding-how-assets-get-divided-in-divorce/#1c035ba62b66