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DuPage County divorce attorney for mediation and collaborative law

Often, when parents divorce, one of the biggest sources of contention is how they will share the allocation of parental responsibility, or child custody. Parents who get divorced in Illinois are required to submit a parenting agreement or parenting plan to the court which details how they plan to share custody of their children. Parents have the opportunity to formulate a unique parenting plan which works for them, but in some cases, parents cannot agree to a custody or parenting time schedule. When parents disagree about child custody issues, they have several options under Illinois law.

Mediation Can Help Parents Come to an Agreement About Child Custody

Illinois courts may order parents to undergo mediation in order to help them create a parenting plan to address custody issues, or parents may elect to undergo mediation on their own accord. Mediation involves the parents meeting with a neutral third party mediator to discuss how parental responsibility will be shared. The mediator does not tell the parents what to do, but instead helps facilitate productive conversation between the parents so that they can reach a compromise regarding child custody. It is important to note that mediation may not be an appropriate choice for parents with a history of domestic violence or abuse. Furthermore, if parents cannot negotiate or discuss child custody issues without devolving into arguments or hostility, mediation may prove fruitless.

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Lombard divorce mediation attorneyWhile many people think that all divorces are hostile and aggressive, couples are often able to work together to end their marriage in an amicable manner. Here in the United States, divorce mediation is a commonly used strategy to negotiate a divorce settlement. Mediation is a process in which you and your spouse work with your attorneys and a third-party mediator to resolve the outstanding issues surrounding your divorce. If you believe that mediation is the right decision for you and your family, speak with your legal team regarding your options moving forward. 

The Role of the Mediator 

Many people disregard the option of mediation due to misconceptions they have related to the role of the mediator. During mediation, the mediator will assist you and your spouse through discussions and conflict resolution. It is important to note that the mediator will not make decisions for you and your spouse but will instead work to help you resolve issues in a mutually beneficial manner. Once an agreement has been reached between the two parties, the final agreement will be presented to the judge for approval. 

The Benefits of Mediation 

There are many positive aspects of pursuing mediation. It can expedite the divorce process, save you money, and develop a foundation for you and your spouse to establish a new relationship moving forward. Even more beneficial is the manner in which mediation can impact the nuanced aspects of your divorce. When it comes to financial issues, mediation can allow both parties to reach an agreement that will allow you to meet your ongoing needs. If children are involved, parents can work to reach an amicable child custody agreement that will ensure that the children can maintain a relationship with both parties. If you and your spouse are interested in pursuing mediation, we would be happy to answer any questions you may have about the process. 

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Posted on in Divorce

Lombard divorce attorney avoiding conflictWhile a divorce can represent a new opportunity for two parties to find independent happiness in their lives, most people view divorce as a negative thing. When many people think about the divorce process, they picture lengthy court battles and volatile arguments between former spouses. However, many divorces can be calmly and amicably executed, as long as both parties strive to maintain a working relationship throughout the process. 

Working Towards a Conflict-Free Separation

In 2017 alone, 787,251 American couples chose to get divorced. While some of those divorces may have been aggressive and unhealthy, many divorces can represent a seamless transition into a new chapter of one’s life. Still, in order to ensure a healthy separation, one must work diligently with their partner to avoid conflicts. Here are a few simple steps that you can take to ensure that your divorce goes as smoothly as possible:

  • Trust Each Other: In order to cooperatively navigate the divorce process, both parties must have a certain amount of trust in one another. If your former spouse believes that you are actively compromising their financial future, it will be difficult to work together. Speak with your legal team about the possibility of sitting down with your former partner, addressing the concerns you have, and working together to reach a positive resolution.
  • Share Common Goals: As you go through a divorce, in order to work cooperatively with your former partner, it is critical to have shared goals. This could be a desire for both parties to have sufficient retirement plans, or for both parents to have a role in the custody of children. Regardless of what the goal is, understanding that you both have certain criteria that you want to work together to meet can be helpful in resolving conflicts over other topics.
  • Work Towards a Friendly Relationship: A divorce represents a new chapter in your life, but in many cases, it is not the end of your relationship altogether. If you and your former partner are going to share custody of your children, you will have to continue to work together as a parenting team. For many parties, a mutually beneficial divorce can be the first step towards developing a foundation for a new friendship.

Contact a Wheaton Family Law Attorney

At the Stogsdill Law Firm, P.C., our team fully understands how emotionally challenging the divorce process can be. As you cope with the changes you are experiencing as you separate from your spouse, we can help you ensure a vibrant and stable financial future for you and your family. If you are looking to work cooperatively with your former spouse throughout the divorce process, we are happy to discuss potential options, including divorce mediation. To schedule a free consultation with an experienced DuPage County divorce lawyer, call us today at 630-462-9500.

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b2ap3_DuPage County mediation attorneysDivorces can be uniquely challenging to separating couples. Recognizing the need for a life change, and grappling with the emotion of the change can be two completely different things. Combine the emotional side of a divorce with complicated matters such as issues of child custody, property division, and allocation of finances, make one thing abundantly clear: when going through a divorce, everyone needs a little help. The first step you can take as you prepare for the divorce process is hiring an attorney that you can believe in.

After hiring an attorney, your legal team will begin to discuss your options. If you and your former spouse believe that you can amicably discuss the matters mentioned above, your best option may be to mediation. Here in the state of Illinois, family mediation is an alternative resolution option to divorce litigation.

What is Mediation?

With the assistance of a neutral mediator, couples throughout Illinois can amicably resolve conflicts such as child custody, alimony payments, and asset division, through mediation. The neutral third-party-mediator is present to help offer mutually beneficial resolutions and assist in communication. In some cases, mediation can be mandated by the Illinois Supreme Court. In cases involving minor children, couples in Illinois are required to pursue mediation on issues including custodial responsibilities and child support. Due to the important nature of these conversations, it is crucial to ensure that your legal team fully understands all aspects of your divorce case. Having honest and informative conversations with your attorney can help them secure a vibrant financial future for you and your family.

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DuPage County mediation lawyersIn many divorce cases, one spouse elects to pursue a divorce based on the poor decisions of the other spouse. Some of the most common reasons for divorce include one spouse having an affair, one spouse recklessly spending money, or one spouse no longer carrying their weight as a parent. Still, in some divorces, both parties believe that separation is the best option for all parties involved. In these cases, a settlement may not be necessary, and a mediation may be the right choice for you and your former spouse.

What is a Mediation?

Mediation is the process in which you and your former-spouse meet with a neutral third-party and work to resolve the biggest issues holding up the finalization of the divorce process. Those most commonly discussed during a mediation include custodial responsibilities, child support payments, allocation of retirement finances, and distribution of property. A mediation is conducted outside the standard court process. When a divorce case is taken to court, in many cases, neither party walks away with what they wanted. A mediation represents a process in which neither party needs to agree until they absolutely want to.

The Benefits and Drawbacks of a Mediation

After you have decided to pursue a divorce, it is important to know the benefits of the strategies you could take during the divorce process. The benefits of a mediation can make a huge difference for you and your family. A mediation represents the opportunity to save money, expedite the divorce process, and work with your former-spouse on developing future agreements that work for all parties involved.

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