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Divorce is never easy, but it does not need to be adversarial either. As a Downers Grove divorce attorney, I frequently help clients navigate the divorce process in such a way as to minimize conflict and stress, along with maintaining, wherever possible, the ongoing relationship. Such an approach serves not only to ease the emotional burden but, quite often, promotes better legal results. Here’s how you can keep your Illinois divorce amicable and stress-free.
Communication is the key. Open dialogue with your partner will help you sort out issues amicably. This means that you have to listen and then respond, respect each other’s opinions, which actually can minimize disputes or conflicts. Communication is especially important when it comes to co-parenting. Co-parenting requires the parties to focus on the needs of the children rather than the wants of each party. This can only be achieved through reasonable and effective communication. Demonstrating that you can cooperate with your spouse for what’s in the children’s best interests can reflect positively on how the court perceives you and possibly allow you the benefit of the doubt when the Court has to make a discretionary call on something.
Being well-educated about the legal requirements of divorce in Illinois can be a stress reliever. This is because, on the one end, Illinois is considered a no-fault divorce state or, otherwise stated, there is no need to prove such grounds as adultery or abuse for the dissolution of marriage (750 ILCS 5/401). Irreconcilable differences is the main basis for couples to get divorced these days. “Irreconcilable differences” means a breakdown in the marital relationship, recognizing that past attempts at reconciliation have failed, and understanding that future attempts at reconciliation are impractical, and not likely to resolve anything between the parties.
This means that unlike in the past, it is much easier for a person desiring to get divorced to actually be granted a divorce by the court. Previously, with grounds a person had to prove to a court that there was one a few specific reasons the court should grant their request for a divorce. Now, with irreconcilable differences, the burden is much lower. A party only has to show that there’s been an overall breakdown in the marriage relationship as opposed to one specific fact that allows for a divorce.
Above all, fair financial settlements can help couples avoid much of the stress often associated with divorce. Illinois law provides for the equitable division of marital assets. Illinois is not an “equal division of property” state. This means that the Illinois courts don’t have to automatically divide everything 50/50. An equitable division is a “fair division”. This means that the Court will look at the overall fairness of an agreement, rather than automatically ensuring it is a 50/50 split. So long as the asset division is equitable the Court will likely approve the settlement. This allows the parties greater flexibility to come to terms with a financial resolution that may be better tailored for their specific situation that some other couple’s settlement structure. When approaching finances in a fair way, both parties will reach satisfactory agreements more quickly and amicably.
Finally, locating an attorney who can appreciate an amicable divorce and know how to navigate the complications of Illinois divorce law can make quite a difference. An attorney who is in negotiations rather than a confrontation can help keep the peace and facilitate a smoother process. A smoother process in turn, most often means that the divorce can be finalized requiring less time and resources.
An amicable divorce decreases the level of emotional stress, legal costs go down, and the process of divorce speeds up. That in turn preserves a respectful relationship between ex-spouses, which is so important for coparenting.
Think about the written way of communication in order to avoid hot disputes and to have a record of agreements and discussions. Also, strictly limit your issues to those that relate to the divorce, such as division of assets, parenting issues, and support arrangements, rather than personal issues.
The spouses will meet with a specially trained mediator who can help discuss disputed issues and reach an agreement. Mediation does not eliminate the need for a divorce. Mediation just allows the parties to discuss and narrow the issues in their particular divorce so that it generally can be wrapped up quicker and less costly.
Settlement is a 2-way street, you can only reach a settlement if the other party is willing to do so. But having an attorney that is able to recognize when to fight, and when to compromise, can make all the difference in the world on your case. You should never settle for the sake of settling, but you also shouldn’t be too agreeable, or your rights may not be adequately protected.
A divorce requires a balancing act between understanding the law and negotiating with care. The divorce attorneys at SBK Law Group help individuals in Downers Grove and throughout the Chicagoland region approach their divorce with dignity and respect. If you need guidance through your divorce process, contact our Downers Grove divorce attorney at SBK Law Group by calling 630-427-4407 to receive your free consultation. Let’s take the first step in turning the page to a new chapter in your life as positively as possible.
