What Makes a Successful Divorce Mediation Agreement in Illinois?
Posted on October 02, 2025 in Mediation
Mediation is a form of alternative dispute resolution (ADR) that helps divorcing spouses in Illinois work out issues without going to trial. During the process, couples can negotiate terms for all the main elements of divorce with the help of legal representation. A successful mediation agreement is clear, fair, and complete enough for the court to approve and enforce. Our Wheaton, IL divorce mediation lawyers can represent you during the mediation process and ensure you end up with a final agreement you can feel comfortable with.
Elements That Every Divorce Mediation Agreement Should Include in Illinois
A strong mediation agreement should cover all of the major parts of a divorce. One of the most important is property division. Illinois follows the principle of equitable distribution, which means property must be divided fairly. That might not mean that it will be divided equally. Your agreement should clearly identify all separate and shared assets and debts. Then, you have to outline how they will be divided.
You can also come up with parenting arrangements. Under 750 ILCS 5/602.10, parents must submit a parenting plan when they divorce. This plan explains who will make important decisions for the children, how parenting time will be shared, how holidays will be handled, and how parents will communicate about the children. Mediation allows you to work together to find the perfect plan for your family without relying on the court to decide for you.
You will discuss financial issues as well. Child support in Illinois is based on an income-shares model, as explained in 750 ILCS 5/505. The agreement should state how much support will be paid and when it is due. You will also address how expenses like medical bills or extracurricular activities will be covered. Spousal maintenance, also known as alimony, may also be part of the agreement and must be addressed in detail.
What Makes a Divorce Mediation Agreement Strong and Enforceable in Illinois?
For an agreement to be enforceable, it has to be clear and complete. Everything should be written in plain language. This helps prevent arguments later about what the parties meant at the time they signed it.
The agreement must also follow Illinois law. Under 750 ILCS 5/502, written settlement agreements are binding once the court approves them. Judges want to see that the terms are fair, voluntary, and based on full financial disclosure. If an agreement is incomplete or heavily favors one side, the court may reject it.
A strong agreement also prepares for the future. Parents should include rules for what happens if one parent moves, if a child’s needs change, or if income changes over time. Planning can reduce future disputes and costly trips back to court.
Talk to a DuPage County, IL Divorce Attorney Today
Since 1996, the attorneys at Andrew Cores Family Law Group have helped families across Illinois with their legal needs. Our team prepares every case thoroughly, allowing us to negotiate strong agreements during mediation. At the same time, we are ready to go to trial if that becomes necessary. We believe in the value of mediation and negotiation, but we also fight hard in court when the situation demands it. Contact our Wheaton, IL mediation lawyers today at 630-871-1002 to schedule your free consultation.
