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Posted on in Mediation

IL divorce attorneyOnce you have come to the decision that you and your spouse are getting a divorce, your next task is to determine how you will go about getting the divorce. Though it may be surprising, there is more than one way you can get a divorce. Your default choice when you make your decision should be some form of a collaborative process. You can use a collaborative process, litigation, or mediation. The process you use to get divorced entirely depends on your unique situation and what would work best. An Illinois divorce attorney can help you determine the right course of action.

What Is Divorce Mediation?

Divorce mediation is a type of alternative dispute resolution (ADR) that allows you and your spouse to work with a third-party mediator to complete your divorce. Mediation, unlike most other forms of divorce, does not assign an attorney to each spouse. Instead of attorneys, the mediator is present to keep the couple on track about which issues they must address and helps to settle arguments if they arise. As such, the mediator is not allowed to give legal advice and is not permitted to pick sides or sympathize more with one spouse.

Mediate or Not?

Divorce mediation can be enticing to many couples because it often reduces court costs and completes the divorce as quickly as the couple pleases. There are also other benefits of divorce mediation, such as the ability to make your own decisions for your family, being able to have a more peaceful divorce and keeping stress to a minimum. In some cases, however, a mediated divorce would not be in the best interests of the family. You may want to consider a different method of divorce if:

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uncontested divorce, contested divorce, Illinois Divorce AttorneyDivorces are usually classified as either contested or uncontested. It is important to understand the difference between the two. A contested divorce means that the parties are not able to come to an agreement on disposition of property, finances, and custody of the children. The parties need the court system to decide these matters for them. In these instances, it is always best that you reach out to an attorney who is experienced in filing the appropriate motions and petitions necessary to protect your rights.

Alternatively, an uncontested divorce occurs when the parties have reached an agreement on all issues they may face, including disposition of property, finances, and custody. An uncontested divorce is the preferred way to go, as they will save the parties’ both significant time and litigation costs.

An experienced attorney can review your case for common pitfalls that trip up divorcing couples and advise you of your legal rights and responsibilities.

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