Alternative Methods of Divorce

 Posted on July 19, 2017 in Mediation

In this day and age, divorce is no longer the exclusive province of family law courts. Many couples, especially if they enjoy a fairly civil relationship, choose alternative dispute resolution methods to achieve their objectives. Couples who use such methods are often driven by a willingness to move their case forward faster than would possible in court. If this avenue appeals to you, Illinois law provides several different options.

Mediation

Divorce mediation is not for everyone. In fact, it is definitively not appropriate for spouses who will not or cannot maintain a civil relationship. If, however, you and your spouse are able to talk and be in the same room, mediation could be an option. While most mediators undergo specialized training, they are not necessarily required to be licensed by any governing body or accreditation entity. This reality can sometimes be a deterrent for those who fear that something may go wrong. However, Illinois does have a Uniform Mediation Act, which sets out requirements and prohibitions that must be followed.

There are many advantages to mediation, assuming it is an option for you, aside from time savings. Mediation, in general, is much less confrontational than courtroom proceedings, since the two of you are technically on the same side. This can also help make the process of divorce easier on any children you may have, as well. Studies have shown that acrimonious courtroom divorces are among the toughest experiences for minor children to experience.

Collaborative Divorce

Another common method of alternative dispute resolution used today is collaborative divorce. While it is not as frequently used as mediation, collaborative divorce is somewhat similar in that it occurs outside the courtroom, and it involves enlisting third parties to help you and your spouse work out arrangements regarding marital assets, parental responsibilities, and support. The major difference is that instead of one neutral mediator, a team of professionals is engaged to help both you and your spouse, In addition to separate attorneys for each party, this team may also include a Certified Public Accountant (CPA), psychiatrist, business valuation expert, or anyone else whose expertise may be helpful.

It is important to keep in mind is that if an agreement cannot be reached with the team of professionals and attorneys you choose, however, the attorneys are required by law to withdraw from the process. The reason for this has to do with privilege concerns. In essence, if either spouse decides to forego another attempt at collaborative divorce and instead go to court, all the information the attorney was privy to during the negotiations could then be used in litigation. It could put one spouse at an unfair advantage. Thus, the law requires a change of counsel.

Ask an Experienced Legal Professional

If you are considering a divorce and are looking for the most efficient way to handle your case, contact an experienced Lombard family law attorney. Call 630-426-0196 for a confidential consultation with a member of the team at A. Traub & Associates today. We will help you explore your options and find the method that works best for you and your family.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&