Every marriage is unique, and divorces are as well. Those contemplating divorce have several legal options, each with their own pros and cons. Couples can consider DIY divorce, mediation, litigation and collaborative divorce through a Barrington family law attorney. Below is an evaluation of the benefits and disadvantages of each option.
Divorces are financially and legally complex, and the uninitiated can easily make irreversible mistakes. A DIY divorce is only a viable option in cases where the marriage did not last long, where children are not a factor, or where incomes are roughly equal between the parties. However, even those who go this route should have final documents reviewed by a Divorce lawyer in Cook County Illinois.
During mediation, the divorcing spouses work with a neutral third party who helps them come to a mutual agreement. The mediator is not always a Family law attorney in Crystal Lake Illinois, but they must have extensive knowledge of family law. Even with a mediator’s help, both spouses should consult their own lawyers during mediation and before final documents are signed. Mediation typically leaves the couple with a better post-divorce relationship, but it can result in an unfavorable outcome or lead to complex legal issues.
A collaborative divorce happens when spouses agree to arrange a settlement without appearing in court. During the process, spouses hire separate attorneys who have a different role than in a conventional divorce. Lawyers advise and assist clients during settlement negotiations, and spouses meet with their own and the other party’s Collaborative divorce attorney in St. Charles Illinois. A collaborative divorce may involve other experts such as financial planners and therapists, who help spouses work through financial and other problems.
The litigation option is by far the most prevalent. However, a litigated divorce does not always end up in court; over 95% reach an out-of-court agreement. In many cases, divorce decisions are reached unilaterally, which can create an adversarial scenario from the beginning. A Divorce attorney in Arlington Heights will strive to help parties come to an agreeable settlement, but if that is not possible, litigation is the sole way to resolve the couple’s issues.