Subscribe to this list via RSS Blog posts tagged in mediation

IL divorce lawyerUnderstandably, divorce can be a very emotional process. Many people getting divorced struggle to make good financial decisions and not let their emotions dictate their behavior. Some of the most common divorce mistakes stem from short-sightedness and haste regarding finances. Fortunately, there are steps you can take to avoid adding superfluous expense to your divorce. Read on to learn about some of the ways that divorcing individuals inadvertently increase the cost of their divorce and how you can avoid these financial pitfalls.

Mediation is an Affordable Alternative to Court Intervention

Cooperating and negotiating with a soon-to-be-ex-spouse can be one of the hardest parts of the divorce process. However, working with your spouse to come to an agreement on divorce issues is much less expensive than courtroom litigation. If you find it difficult to talk to your spouse about property and debt division, child custody, spousal support, or other divorce-related concerns, mediation may be a useful option. During mediation, a specially-qualified mediator acts as a neutral third-party during negotiations. The mediator helps the divorcing couple reach agreements about divorce issues so that the couple does not need to take the matters to court.

Unhealthy and Expensive Coping Mechanisms Can Cost

Ending a marriage can be an incredibly stressful undertaking. Because of this, many people getting divorced find themselves indulging in comforts like food, alcohol, or fun activities. Experts say that some self-pampering can be beneficial during divorce but overindulging can create serious problems. One recent study found that the risk of developing alcoholism increased for both men and women following a divorce. Using drugs, alcohol, gambling, or excessive retail therapy to avoid negative emotions during divorce can quickly escalate and lead to financial disaster in the future.

Carefully Consider What to Do with Your House

If you are like most people, you have a sentimental attachment to the place you call home. During divorce, the last thing you may want is to be uprooted and forced to move into a new house or apartment. However, it is not always in your best interest to keep the house when you get divorced. Making a monthly mortgage payment and maintaining a home alone is usually much harder than it is with a spouse. For other divorcing spouses, it makes more financial sense for them to keep the home than to sell it. Make sure to consider all of the possible options when it comes to the marital home and consider the long-term consequences of selling or keeping the house.

Contact a Kane County Divorce Lawyer

If you are getting divorced, contact a St. Charles divorce attorney from Shaw Family Law, P.C. to get the help you need. Schedule a free, confidential consultation by calling our office today at 630-584-5550.

...

IL custody lawyerMost of the courts in Illinois require a couple to go through mediation in cases involving allocation of parental responsibilities, visitation, and relocation before going through the court system. Child support will still be determined by the family court judge, however, all other issues can be settled in mediation.

This right is also given to unmarried parents, but there is an extra step that the couple must go through before heading to mediation.

When a couple has a child without being married, paternity cannot be assumed. It must be proven either through a court-ordered paternity test or a Voluntary Acknowledgement of Paternity (VAP) form that can be filled out and filed at the time of a child’s birth.

If a father claims the child and all the proper paperwork is filed, the couple can go through a mediator to determine the allocation of parental responsibilities including:

  • Where the child will live and with which parent
  • How much time a child can visit with their non-custodial parent
  • Where the child will attend school
  • Who will be the child’s primary decision-maker on issues of health and religion

Child Support Determination

While some states allow parents to come to an agreed-upon amount for child support payments, Illinois requires that parental partners must have their payments determined by the court system.

...

Illinois divorce attorney, Illinois mediation lawyerIf your marriage has reached the point where divorce is inevitable, do not assume that a lengthy court battle has to be part of your divorce. You and your spouse could be good candidates for mediation, which will make the divorce process less stressful, less expensive, and overall more empowering for you.

With mediation, a divorcing couple works with a mediator, a neutral third party, to reach agreements about their divorce settlement through a series of guided discussions. These discussions cover every aspect of the couple’s divorce settlement, such as the division of their property and how they will handle spousal maintenance. Often, couples who divorce through mediation report higher levels of satisfaction with their divorces than those who divorce through litigation. But mediation is not the ideal solution for all couples. When domestic violence is present in a marriage, mediation is rarely a viable option. Similarly, couples who cannot work together are generally not well suited for mediation. Ask yourself the following questions to determine if mediation is right for you.

Can You Work Amicably with Your Spouse?

If you cannot look at your spouse without wanting to punch him or her, mediation is not for you. Similarly, if you cannot discuss issues related to your marriage in a calm, rational way with him or her, you will not have a successful mediation. Mediation requires a couple to work as a team to determine a fair settlement, which involves putting their emotions aside to work toward the greater good.

Do You Trust Your Spouse?

...

Posted on in Mediation

Illinois mediation attorney, Illinois divorce lawyerThe decision to attend mediation to settle your divorce matters is a beneficial one. Couples have the option to discuss their post-divorce arrangements and come to settlement agreements in the presence of a professional mediator, who is trained to minimize conflict and help produce positive results for the entire family. Before you begin the negotiation process, though, it is important to address core issues that will be discussed during mediation. This will help ensure everything runs as smoothly as possible and that you are not caught off-guard when it is time to reach an agreement.

Here are some key areas every couple should discuss in preparation of the mediation process:

Joint Accounts

Whether you share regular checking and savings accounts, vacation funds, or credit cards, it is important to take inventory of all your joint accounts and make sure you have copies of everything. This includes mortgage statements, wills, and trusts. If you are able to civilly discuss money matters with your soon-to-be ex-spouse before mediation, it is helpful to do so, but if that is not an option, gather the financial records for yourself and wait to tackle the subject until your mediation conference.

Other Assets 

...

Illinois divorce attorney, Illinois mediation attorneyCouples looking for a smooth, amicable divorce solution often turn to mediation to settle their differences and come to agreement on lifestyle arrangements following the end of their marriage. While it is true many divorces can take a turn and become messy, the bulk of them actually result in a peaceful, mutual split. It is not uncommon for this kind of separation to stem from a thorough, professional mediation process.

Why Do Amicable Divorces Benefit from Mediation?

Respect: Although mediation is typically pursued by couples who struggle with conflict resolution, those experiencing amicable divorces greatly benefit from the mediation process as well due to one simple factor: Both spouses are interacting in a civil manner. Couples who are already cooperating with one another and communicating peacefully are on the fast track to success when they enter mediation. The trained mediator can more effectively do their job to facilitate settlements and manage negotiations when both parties leave hostility and conflict at the door. If your divorce is mutual and you and your spouse are communicating with respect and patience, your meditation experience can be a positive, productive one.

Resolution timelines: The Illinois State Department of Human Rights reports that their Mediation Unit boasts a resolution rate of over 80 percent out of all conferences held. Mediation is proven to be a quick, efficient, and affordable process for divorcing couples. It is an especially fast process when you and your spouse enter mediation on amicable terms. The more common ground you share and the more civil you are, the faster you will reach an agreement and resolve your divorce case.

Similar expectations: Chances are, if you are entering mediation on civil terms, you likely already share similar expectations in regards to what you are looking to achieve and what you are looking to walk away with when the process is all said and done. Discussing goals and individual expectations before you begin the mediation process is a good way to increase your chances of success. If you want to resolve your conflicts quickly and relatively painlessly, consider making the effort to respect one another’s opinions, wants, and needs, and attempt to find a way to meet on middle ground.

...

Illinois mediation attorney, Illinois divorce lawyerEven the most peaceful divorces can benefit from family law mediation. Whether there are minor or major disputes regarding issues such as finances or the raising of children, the groundwork for any separation is improved when spouses work with a certified professional who can both provide the resources and information needed to ensure the divorce process goes smoothly and help reduce tension at the same time.

Why Is Family Law Mediation Such a Helpful Tool?

  1. It reduces emotional and financial stress.

Divorce can make you go bankrupt - both literally and figuratively. It is not uncommon for spouses who feel hurt or betrayed to experience a lot of hurt and anger toward their partner. These emotions often turn into the desire for revenge, especially where finances are concerned. When consumed or blinded by these emotions, it is easy to lose sight of reality and form unrealistic expectations about how much money you will receive from your spouse or how much you will be responsible to pay following the separation. If you are not careful, this can translate to a lot of money and energy spent on “getting even,” which can sadly lead to serious emotional toll as a result. Divorce mediation helps keep the facts and your perspective in check, providing a professional, civil, organized environment for settling financial and lifestyle matters.

  1. It makes the divorce process more efficient.

Another common habit divorcing spouses adopt in the midst of a separation is independent research. In today’s day and age, it is completely understandable to want to research things like alimony and child support calculations on your own. While there are many useful tools on the internet for those going through a divorce, some of these resources are inaccurate or mere estimations. They cannot replace the true value and legitimacy of a legal professional, especially when it comes to the ability to lessen tension, reduce misunderstandings, and educate you and your spouse on your rights. The Illinois Department of Human Rights reports that the state’s Mediation Unit has a resolution rate of over 80 percent out of all conferences held. The mediation process is confidential, relatively fast, and removes any doubts or uncertainties you might have as you proceed with your divorce. All of these factors combined make for a more efficient divorce process, from start to finish.

Regardless of where you and your spouse fall on the divorce conflict spectrum, professional mediation offers an excellent alternative form of dispute resolution. If you want to minimize conflict, reduce tension, and ensure your rights are protected, it is important to speak with an experienced Kane County family law attorney. Call Shaw Family Law, P.C. at 630-584-5550 for a free consultation today.

...

Posted on in Divorce

Illinois divorce attorney, Illinois divorce processRegardless of the reason for your impending divorce, the challenges set before you as you wade through the ordeal can seem daunting, especially when you are unfamiliar with the steps required to initiate the process. Even the most civil agreement between two partners to end their marriage can prompt a lot of stress due to the overload of incoming information.

You have decided to divorce. So, what is next? What do you need to know? Are you taking the most reasonable course of action? Who can help guide you along the way? Here are three things every divorcing spouse should know:

Legal Separation Is Not for Everyone

Some partners choose to file for legal separation in order to officially live apart but hold on to certain benefits, such as health insurance policies and various financial arrangements. Living apart and filing for legal separation can protect the best interest of both parties while giving them time and space to live apart to examine whether or not divorce is the best option. For some, this is a way to test the separation waters before officially calling it quits; for others, it is merely a transitional stepping stone on the way to a sure-fire divorce. No matter which camp you fall in, one thing to know is that legal separation is just that: a separation. It is not an actual divorce, and it is only a temporary solution.

Mediation Works

...

Illinios family law attorney, Illinois divorce lawyerDivorcing couples often hear a number of things about mediation as they enter the divorce process. Success stories and horror stories abound. More often than not, though, the success stories far outweigh the disappointing accounts given by co-workers, families, and friends. This is ultimately due to the overwhelming resolution rates that we see among Illinois State divorce cases. The Department of Human Rights reports that their Mediation Unit’s resolution rates are 80 percent for all conferences held. That tells us mediation works, and it can for you, too.

What Makes a Good Mediator?

Resolution rates are not magic, however. They do not exist by chance or luck; they are a direct result of working with a professional, efficient, trained mediator who is well skilled and equipped to produce good results. Here are three qualities that define a good mediator:

Effective Communication

All mediators are required to be excellent communicators. After all, it is their duty to help facilitate a civil, safe meeting between two divorcing partners to discuss and negotiate the terms of their separation. Listening skills are crucial, but being able to effectively communicate the concerns and needs of each spouse to everyone present during the meeting is a must.

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
AVVO LL BV