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Three Ways Mediation Can Help Your Illinois Divorce Move Faster
For most couples, divorce is a contentious process. Many years of hurt often culminate in divorce proceedings where the gloves come off and couples use issues like property division and parenting time as a proxy arena in which to hash out their personal differences. But taking this approach hurts everyone, especially if there are children involved, and can lead to a hostile divorce that takes much longer.
One solution to help couples avoid overly antagonistic divorce is called mediation. During mediation, a neutral third party who is specially trained in Illinois law helps divorcing couples discuss their differences with a focus on finding solutions. Mediation is not a perfect or easy process, but it can help a divorce move much faster - and therefore cost much less. Here are three ways mediation may help divorcing couples save time and get the divorce over sooner.
What is the Process of Divorce Mediation Like in Illinois?
While getting divorced is rarely easy, it does not always have to be a big fight that results in long, expensive court battles. Illinois encourages divorcing couples to pursue alternative dispute resolution strategies like mediation because both spouses tend to be more satisfied with the result.
What is Mediation in an Illinois Divorce?
Mediation is a process during which both spouses meet with a trained, impartial party (called the “mediator”) to talk about and negotiate issues in a divorce. These include, but are not limited to:
Will My Rolling Meadows Divorce Be Considered Contested?
Divorce is not easy - that is a truism that requires no further explanation. But while all divorces present challenges, some divorces are more difficult than others. Most divorces in Illinois are uncontested, meaning that spouses can cooperate enough to reach an agreement on all the issues at hand. However, if spouses simply cannot agree on one or more issues, or if there are complicating factors like domestic violence or a spouse who tries to hide assets, it is considered a contested divorce and may go to trial. If you are concerned that your divorce case may be contested, read on.
Why Are Most Divorced in Illinois Uncontested?
Illinois family courts and judges work hard to protect spouses (especially those with children) from the expense, difficulty, and longevity of divorce litigation. Everybody, including the court system, benefits when spouses can agree on issues because spouses are more likely to be satisfied with the terms of the divorce and more likely to abide by its decree. When spouses struggle to negotiate, mediation or collaborative divorce can help them reach an agreement about issues like property division, spousal maintenance, and a parenting plan. Even if one or both spouses are acting unethically, the expense and length of a court trial usually convince people that it would be best to settle their differences outside of court.What Issues Are at Stake in a Contested Divorce?
What Are the Financial Consequences of Divorce?
Getting divorced in Illinois is a stressful experience for what can feel like a million reasons. Will you have to move? How will the children handle these changes? What does this mean for your short- and long-term financial health? The answers to so many of these questions are difficult to know until the divorce proceedings get started, and the fear of the unknown can place enormous stress on divorcees.
Although you may not be able to control everything in your divorce, it is crucially important to focus on the realistic impact your divorce is likely to have on your finances. Doing so will help you remain calm and financially stable during the divorce and help prepare you for financial success in the future.
Before Divorce
Before the divorce proceedings start, it is important to take stock of your overall financial picture. In addition to the fact that the divorce will simply require you to collect this information, doing so will also help you comprehensively understand your assets and debts. Savings and checking accounts, retirement accounts, and any vehicles or real estate you own will likely need to be divided as marital property, and you will need to understand how much of your assets you are likely to be left with. If you can, try to save money and prepare yourself to live in a single-income household.
How Are Complex Assets Valued and Divided in Divorce?
Illinois couples getting divorced will have to divide their marital assets. Before an asset can be divided, however, it needs to be accurately valued. Certain assets, such as vehicles, can be valued quite easily. Other assets, like collectibles, businesses, and rental properties, are more difficult to value and divide.
This is especially true when the assets, or the individuals who own them, have a high net worth. Divorcing couples often need the help of outside experts who have experience finding out the value of particular types of assets. In this blog, we will answer common questions about complex assets in an Illinois divorce.
What Makes an Asset Complex?
A car’s value cannot be determined by dividing the car into separate parts that can be individually valued and sold. Rather, a car’s value is estimated by simply looking at similar cars that have sold recently in the area. A car is not a complex asset. In contrast, complex assets are made up of several components, and each of these components may need to be individually valued in order to determine the value of the overall asset. One of the most common complex assets is a closely held family business. Among the things that must be valued are the business's assets and debts, the business’s local reputation, and the business’s contracts.Retirement and pension accounts are further examples of complex assets. Financial portfolios may be allocated in many different areas, each with its own level of risk exposure. Couples getting divorced will have to obtain the overall value of their portfolios, and then weigh the advantages and disadvantages of negotiating for assets they hope to keep rather than liquidating and dividing them.
Will I Have to Pay My Spouse’s Student Loans if We Get Divorced?
Student loan debt presents an outsized portion of overall American debt. As of September 2021, Americans collectively owe more than 1.6 trillion dollars of student debt. The average debt per person is at an all-time high of nearly forty thousand dollars, while those who hold advanced degrees often owe enough money in student loans to buy an entire house.
For many couples, one or both partners obtaining college degrees promised a brighter future for their marriage and family. Whether or not this education actually resulted in better career prospects, the debt must be paid. This leaves many young couples wondering, "If we get divorced, will I have to help my spouse pay for their student loans?"
Are Student Loans Considered Marital Property?
If a spouse incurred student loan debt before getting married, this debt will almost certainly be considered non-marital debt and will not be divided in a divorce. But if a spouse accumulates debt of any kind during the marriage, it is generally considered marital property. This is true whether the debt is a mortgage, credit card debt, or student loans - even if only one spouse applied for the debt.
How Can I Get Divorced if I Cannot Afford to Move Out?
Divorce is a notoriously expensive process. Even if spouses in Illinois are able to afford their own attorneys, figuring out how to live in separate households may be a financial non-starter. The cost of supporting yourself in a separate apartment, and maybe paying spousal maintenance and child support on top of that, may be out of reach. Yet when the relationship is over, it is over. Illinois allows spouses to get divorced without a waiting period, even if they still live together, but the ability to get divorced is not the same thing as moving out and starting your own life again. Spouses who want a divorce but cannot afford to move out have to get creative when beginning their formal separation.
Understand “Separate and Apart”
Illinois does have a six-month waiting period of living “separate and apart” between filing for divorce and completing the process, but this only applies when one spouse does not agree to the divorce. If a spouse is uncooperative, living separate and apart for six months satisfies the criteria for “irreconcilable differences” that permits a divorce to be finalized.
I am a Stay-at-Home Mother - How Can I Afford Divorce?
A stay-at-home mother makes significant career sacrifices so they can do the neverending work of raising children and caring for a home. After years of no paid vacations and very little downtime, they may find themselves having worked hard but still unsure how to pay for a divorce. Stay-at-home mothers often remain in untenable situations for too long because they do not know how to get out.
Illinois law recognizes that such a situation could arise for homemakers. That is why Illinois allows for interim spousal maintenance (formerly known as “alimony”) that can help support the stay-at-home spouse during a divorce. With effective legal representation, you can get divorced as a homemaker.
File for Temporary Spousal Maintenance
Courts want to recognize and encourage the efforts of mothers who do the important work of childrearing. The Illinois Marriage and Dissolution of Marriage Act allows spouses to petition for temporary financial support by filing a motion and providing a financial affidavit that details the mother’s financial situation. This includes both spouse’s incomes, if applicable, expenses, and savings.
My Illinois Divorce Order is Unfair. Can I Request a Modification?
The unpleasant truth about divorce orders is that neither spouse is entirely satisfied with the results. Compromise, negotiations, and a reduction in parenting time with children practically guarantees that nobody is going to get everything they want.
Anticipating this, Illinois courts have made it difficult to modify divorce orders except in certain circumstances. This article discusses when a divorce order may be modified, which parts of the divorce order may be modified, and what you can do if you believe your divorce order merits a second look.
When Can A Divorce Order Be Modified?
Unless there was an error on the part of the courts in interpreting or applying the law to a couple’s circumstances, divorce orders generally cannot be modified until at least two years have passed since the original order was finalized.
Failing to abide by the terms of a divorce decree can result in substantial legal penalties for the violating party. Until a divorce decree has been formally modified, both parties are required to abide by its terms no matter how unfair they may believe it is.
Talking to Children About Divorce
Deciding to get divorced is one of the most challenging decisions Illinois parents can make. This is especially true when they share children. Parents who have decided to get divorced may worry about the short- and long-term impacts of divorce on their children, beginning with the initial conversation when they break the bad news.
Even though divorce is never easy, there are strategies for handling conversations about divorce that can make the process much easier for children. In this article, we will discuss three tips for parents who want to talk to their kids about divorce in a healthy and productive way.
Have the Conversation Together
Although parents may want to give each child their side of the story, this approach is not age-appropriate. Instead, parents should talk together first and decide how to tell the children using supportive and honest language. Parents do not need to get into the details of their breakup, but should tell their children more generally that they cannot get along or do not want the same things.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100