Mediation Kane County IL Lawyer – Law Offices of Anthony R. Scifo – Call for a Consultation at 847-628-8311
Divorce and Mediation in the State of Illinois
There are actions a couple may take to try and avoid divorce. The state of Illinois provides the option of no-fault separation for those couples who wish to live separately. This permits couples to remain legally married while living apart from one another. If a couple decides to pursue this option, they may remain legally separated permanently, choose to divorce later or end the separation and live together again. Therapists can help couples in a private setting as a way of addressing their problems while they are separated. This provides a way for couples to talk about their disputes and receive guidance to help resolve them.
Conventional Divorce in the State of Illinois
A litigated divorce is typically the most common type of separation. Divorce enters litigation when it is being legally contested by one or both spouses. Divorce frequently winds up in litigation because most divorce proceedings tend to be rather one-sided. (One spouse wants to proceed with the divorce and the other spouse does not.) In the event that you are going through a difficult separation and it looks as though you and your spouse will not be able to reach an agreeable settlement, going to court might be your sole option. Prior to filing a lawsuit though, it’s a smart strategy to try Mediation Kane County IL Lawyer.
Mediation Kane County IL Lawyer – If you are interested in separating and would like to avoid a conventional divorce proceeding, take a look at the following alternatives:
Collaborative Divorce
This is a type of divorce in which each spouse is represented by a lawyer during the separation process. The spouses receive legal advice to protect their interests as the divorce procedure moves along. The lawyers typically conduct most of the discussions, with the meetings focused on resolving disputes and reaching agreements instead of fighting over money, assets and property. In a collaborative divorce, it is important for each spouse to be honest and straightforward with their lawyer because to do otherwise can impact the results and prolong the whole process.
To learn more about collaborative divorce and if it may be the right option for you, call our firm and speak with a lawyer.
Uncontested Divorce
Divorce can become a quite complicated process and though many spouses believe they can accomplish it on their own, a “do-it-yourself divorce” can result in unnecessary costs and stress along with results that one or each spouse may regret down the road. Without legal expertise, expensive errors can easily happen. In some situations a DIY divorce can be a convenient way to end a marriage quickly and at relatively low cost. Still, it is highly recommended to consult with a lawyer for review of your documents before you file for the divorce.
Mediation Kane County IL Lawyer
Mediation takes place when divorcing spouses hire a neutral mediation expert to oversee the assets of each party. The Mediation Kane County IL Lawyer is very helpful for going through discussions in an environment of mutual respect. Mediation Kane County IL Lawyer can be a good option for spouses who wish to withdraw from some of the decisions to be made when a marriage is ending but who also wish to prevent high costs that could result from other options.
Mediation Kane County IL Lawyer also is beneficial for many couples because it is not considered to be a matter of official public record and remains private.
Talk with a lawyer at 847-628-8311 for information if you are considering a divorce.
With respect to family law mediation, typically both parties will have legal representation. If Mediation Kane County IL Lawyer starts voluntarily before a case is filed in court, some spouses opt to go through the process without lawyers. But even when mediation is voluntarily, it is still beneficial for both parties to retain legal counsel to facilitate the mediation. A lawyer is particularly important if there is an imbalance of resources among the parties.
In the event the parties decide not to retain lawyers for help with Mediation Kane County IL, legal services will eventually become necessary in order to file the outcome with the court and to receive a final order for the case.
The Benefits of Consulting with a Lawyer and Entering Mediation Kane County IL Lawyer
In comparison to litigation, settling matters through mediation offers a number of advantages:
- -In a mediation, the parties tend to consider the process as more reactive to their particular needs and one that grants them more control over the outcome.
- -Family Mediation Kane County IL Lawyer creates a custom solution, in contrast to an outcome of simply “win or lose.”
- -Agreements made in mediation have a greater compliance rate in comparison to court orders that come through litigation. They’re also not as likely to go through litigation again.
- -Agreements reached through mediation can help resolve matters related to divorce sooner in the process when compared to litigation.
- -Mediation Kane County IL Lawyer is a private process in which the parties can speak openly. They can voice their concerns, review alternatives and even make apologies without concern their statements will be used in court against them.
- -Family Mediation Kane County IL Lawyer generally tends to be more cost-effective than litigation. This is because the parties are able to settle a lot of their issues without the need to pay lawyers to litigate them.
When Mediation Kane County IL May Not Be Appropriate
Family, child custody and divorce Mediation Kane County IL Lawyer may not be the appropriate strategy if there is an “imbalance of power” among the parties, a threat of potential violence or a concern that a party might not be emotionally or mentally competent. Mediation Kane County IL Lawyer may also not be appropriate in the event that one of the parties is issuing unwelcome attempts at reconciliation.
Choosing a Mediator
Deciding which mediator is right for your case is important. Before retaining a mediator consider asking him or her questions about:
-Their experience and training.
-Inquire about their strategies for mediation and what kind of process they apply.
-Inquire if the mediation process will include children involved in the case.
-Their mediation fees.
-Confirm that he or she doesn’t have a conflict of interest.
Mediators typically communicate to both parties individually prior to taking the case to assure it’s suitable for Mediation Kane County IL Lawyer and can benefit from the process. These talks provide each party with the opportunity to express their views on the matters involved and to form a level of comfort working with the mediator.
Preparing for Mediation Kane County IL Lawyer
If you’re retaining a lawyer to represent you during mediation, plan to meet with your lawyer prior to starting the process. Your lawyer can review what you can anticipate, help identify your goals, discuss the options for solving the matters involved in your case and help you to prepare a strategy for issues that are contentious.
Divorce and the impact it has upon a household can be emotionally trying for all involved. If you are thinking about initiating a divorce proceeding it is in your best interest to talk with a lawyer who specializes in family law. By doing so, you’ll receive useful advice that will help the process go as smoothly as possible.
