Negotiation vs. Litigation During Your Illinois Divorce

 Posted on August 26, 2024 in Divorce

Couples who have decided to divorce may want to get the process over and done with as quickly as possible. A quick resolution is the goal, especially for spouses who can barely sit in the same room. It can be difficult to choose between negotiated divorces that may include collaborative divorce law or mediation or a litigated divorce that ends in a courtroom.

Litigated divorces tend to be much more contentious than divorces that implement negotiation. Even so, there are some situations where a divorce is absolutely going to end up in front of a judge, regardless of whether negotiating tactics are attempted. Whether you and your spouse choose negotiation or litigation – or it chooses you, as is often the case – you can benefit from having an experienced Wheaton, IL divorce lawyer from Andrew Cores Family Law Group by your side.

What Types of Negotiation Might You Consider During Your Divorce?

Divorce issues can usually be settled more quickly when a negotiated approach is taken. A trial can often push the divorce out so that it takes at least a year or more to complete, thanks to significant waiting periods between each court appearance.

Pursuing negotiation does not necessarily mean that you and your ex are on the same page about most things – or anything. It also may or may not mean that you get along relatively well with your ex, although this could be the case. Two common negotiating divorce choices are collaborative divorce and mediation. There are pros and cons to each, including:

• Mediation involves a third-party mediator who is neutral and helps the couple negotiate.
• The mediator cannot "decide" the terms of the divorce.
• The parties are not required to have attorneys involved in the mediation process.
• Mediation tends to be more flexible, informal, and efficient and costs less than collaborative divorce or litigation.
• In a collaborative divorce, both spouses are represented by trained collaborative attorneys.

• Like mediation, a collaborative divorce is more flexible and informal than litigation.

• Four-way meetings are held between the two spouses and their collaborative attorneys in a collaborative divorce. 
• If you feel like your interests need to be protected, a collaborative divorce might be a better choice than mediation.
• If there is a significant power imbalance in your relationship, collaborative divorce might work better than mediation, as your attorney will be present at every meeting.
• A major downside of collaborative divorce is that if it does not work, you must start from scratch with a new attorney.

Are There Times When Litigation is the Only Way to Accomplish a Divorce?

If you have a pretty good idea that negotiations with your spouse will be unsuccessful, it could potentially save time to go straight to litigation. If you believe your spouse is hiding assets, you need to discuss this with your divorce attorney, who will likely recommend litigation, as expert witnesses may be necessary to address the issue fully.

Any time court orders may be necessary to compel disclosure, this is a court matter rather than a mediation or collaborative divorce matter. If your spouse has immediately gone to an "aggressive" stance regarding the division of marital assets, spousal support, or the allocation of parental responsibilities, you must have an equally aggressive attorney who has experience in litigated divorces.

Contact a DuPage County, IL Divorce Attorney to Schedule a Free Consultation

As if divorce were not stressful enough, deciding which route to go can make it even more confusing. Often, your spouse’s reaction to the divorce will make the decision for you, while other times, you will need to make the choice between negotiation and litigation. In some cases, the judge will order mediation.

It is extremely important to have an experienced Wheaton, IL divorce attorney to help you make these choices. At Andrew Cores Family Law Group, our approach is to treat all parties with respect. We also know that sometimes litigation is the only answer, and we will fight aggressively for your future when necessary. Contact Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation.