Avoiding litigation with a negotiated divorce
Not all Illinois residents who divorce need to go through long and often complicated litigation proceedings. Anegotiated divorce can often be less expensive and quicker and may help people protect their privacy. With a collaborative divorce, a couple makes the choice to stay out of court and resolve their issues in a private setting. In this type of a divorce, lawyers and financial professionals are used to ensure that laws are followed and assets are divided equitably.
Another type of negotiated divorce is a cooperative divorce. In these cases, both individuals are represented by their own attorney, and these attorneys handle the negotiations. Instead of putting two people together who may be prone to arguments, these types of divorces enable third parties to hash out asset division, child custody and spousal support without ever being inside of a courtroom.
While negotiated divorces may often be preferable to litigated ones, they are not for every couple that intends to dissolve their marriage. For these procedures to work, a couple needs to be able to communicate reasonably well with each other, need to respect each other and not be focused on getting revenge through the divorce process. However, for many couples negotiation may be the preferable alternative. Both time and money may be saved when each spouse is in reasonable agreement with the other.
Each state has its own laws that determine how divorce is handled. Laws governing such matters as visitation, child support and child custody often vary from state to state. A person going through a divorce may wish to speak with an attorney that has experience in family law and divorce matters.
Source: Huffington Post, "Divorce confidential: should I negotiate or litigate my divorce?", Caroline Choi, September 25, 2013