Divorce is stressful and complex and emotions may run high. However, there are ways to make the process less adversarial, and it is important to remember that a good outcome is possible. Learn more about easing the divorce process in this article and speak to experienced Crystal Lake divorce lawyers today if you have detailed questions.
What Are Illinois Grounds For Divorce?
In the past, Illinois had fault-based and no-fault-based divorce grounds. Fault-based grounds included drunkenness, mental cruelty, and adultery. However, in 2016, the state eliminated fault-based divorce grounds. Today, Illinois is a no-fault state for divorce. Divorce grounds today are referred to as ‘irreconcilable differences,’ meaning either spouse can request a divorce when there are differences that are impossible to resolve. The law states that either party can get a divorce in these situations:
- Irreconcilable differences caused the marriage to break down irretrievably.
- All attempts at reconciliation have failed.
- Attempting to continue to reconcile the relationship would not be in the best interests of the parties or their children.
Some states have waiting periods for getting a divorce, but in Illinois, there is no mandatory waiting period for getting an uncontested divorce. That is, as long as both parties agree to get divorced, the law has no waiting period.
If one party wants a divorce and the other contests it, there must be at least six months to prove irreconcilable differences. But, not responding to divorce papers or declining to negotiate will not keep the divorce from happening. If the spouse takes this route, the case moves forward regardless and that party’s terms will likely be worse than if they negotiated.
Alternative Dispute Resolution (ADR) In Illinois Divorces
Formal court proceedings are not necessarily the best way to resolve your divorce. Fortunately, there are several ways under Illinois law that you can have a less adversarial divorce. These alternative dispute resolution options may give you a less costly and confrontational way to resolve the dispute. Your Crystal Lake divorce lawyers can assist you with any of these ADR methods, depending on the circumstances:
Mediation
In mediation, a neutral, third-party mediator attempts to facilitate discussion between the parties to resolve the divorce. Mediation could last only a few hours, but some couples may need to attend several mediation sessions to work out difficult issues involving child support, child custody, property division, etc. The mediation session is usually non-binding, but the agreement can be entered into the final divorce orders.
Mediation is the most common way in Illinois to make the divorce process less adversarial and contentious. Couples choose mediation for many reasons, including to help keep costs down or preserve a personal relationship or business between the spouses. Also, mediation can resolve the divorce faster than a typical court schedule allows.
Mediation also can be required in some Illinois divorces. For instance, the family court could order mediation when there is a child custody disagreement or help them devise the best parenting plan.
Arbitration
Arbitration involves a third party with the power to make binding decisions on complex divorce issues. Arbitration resembles a court trial, and there could be fewer appeal options. The arbitrators are often lawyers, and your attorney can advise you in this regard.
Collaboration
The Illinois Consolidated Statute is a law that set up the Collaborative Process Act. This process can be used in a divorce to resolve disputes without the court intervening. Each party must sign a collaborative process participation agreement and be represented by attorneys authorized to practice in this aspect of the law.
Pretrial Settlement
A pretrial settlement is a meeting between the spouses, the judge, and the attorneys. The purpose is to attempt to resolve the matter instead of going to court. Either party can ask for a pretrial settlement conference. The judge will listen to both sides in the conference and attempt to resolve the issue, but the case will go to trial if there is no agreement.
Why Consider ADR When Getting A Divorce?
There are many benefits to choosing alternative dispute resolutions in a divorce. Some of them are:
Less Stress
Almost every divorce causes stress, so trying to resolve the situation through mediation or collaborative divorce can reduce the emotional toll on both sides. Instead of relying on a court to make significant decisions about your life, you can work with your spouse to find solutions best suited to your circumstances.
Less Expensive
Taking a divorce case to court is expensive. If you choose ADR methods, you can save money by involving fewer billable legal hours and time spent in family court.
Quicker Resolution
Mediation and collaborative divorce can make the process go faster. In some cases, ADR can be completed in only a few months, whereas a contentious divorce litigated in court could draw out for years. Few people want to go through a slow-motion, painful emotional process with a lengthy divorce. Getting it over with can help you move on and rebuild your life.
Confidential
ADR is usually confidential, so the details of the final divorce outcome will not be made public. This can be significant for couples with a high public profile or wanting to keep things private.
Better For Children
When a divorce is ugly and spans months or years, it can be challenging for the children. ADR methods are usually less argumentative, and the children will not usually see the same anger as in a traditional divorce.
More Control
Even with the best attorney in your corner, going to court to resolve divorce issues is risky. An Illinois family court judge will render critical decisions that affect your life for years, including property division, child custody, child support, and alimony. Choosing mediation or collaborative divorce can keep the two of you in control and work out the best solution for both sides.
Contact Our Crystal Lake Divorce Lawyers Today
Getting divorced is the last thing most people want, but there are effective coping strategies that can make the process less adversarial and emotionally draining. Contact our experienced Crystal Lake divorce lawyer at Bruning & Associates, P.C. for help in getting you the best resolution to your case. Please call (815) 455-3000 today to schedule a divorce case consultation.
