What if My Spouse and I Disagree About Divorce Issues Like Parenting or Property?

 Posted on September 14, 2021 in Main

Many people underestimate just how involved the divorce process can be. Ending a marriage is not only deciding to divorce and filing the petition for dissolution. To divorce, the couple must also address divorce issues like the division of marital property and debts, allocation of parental responsibilities and parenting time, and spousal maintenance. Reaching an out-of-court agreement on these issues instead of letting the court determine the unresolved issues can save a tremendous amount of time, money, and stress. If you are getting divorced, consider the following alternatives to litigation.

Reaching an Agreement Through Your Attorneys

Understandably, many divorcing spouses struggle to see eye to eye regarding the terms of their divorce. If you and your spouse disagree about divorce issues like who should keep the family home or which parent should have the majority of parenting time, consider reaching out to an attorney for help. Your lawyer can act as an intermediary between you and your spouse and represent you during negotiations. This ensures that you have a knowledgeable legal advocate on your side, helping you reach the best divorce outcome possible.

Resolving Your Disagreements Through Mediation

During family law mediation, a divorcing couple meets with a mediator to discuss the unresolved issues in hopes of coming to a mutually agreeable solution. The mediator’s job is to facilitate productive conversations and steer the discussions away from accusations, blame, or irrelevant concerns. The mediator does not make a decision for you or tell you how to resolve the divorce but instead helps you reach your own decisions. Mediation can be a useful tool, but mediation alone may be insufficient for cases involving complex financial concerns or significant contentiousness.

Settling Your Divorce Through Collaborative Law

In a collaborative divorce, the spouses each hire an attorney qualified in collaborative law. The spouses and their attorneys all meet together in a series of meetings to discuss the issues and find solutions. The “collaborative team” may also include professionals like divorce coaches, accountants, and child specialists. Each participant signs an agreement to keep the discussions confidential and to negotiate in good faith. They also agree to keep the case out of litigation.  Collaborative divorce is often a popular choice for couples who wish to keep the divorce non-adversarial but also need to address complicated legal and financial issues with the help of divorce lawyers and other professionals.  

Contact a DuPage County Divorce Lawyer

If you are getting divorced and you and your spouse disagree about parenting issues, property division, or other divorce concerns, contact a Wheaton divorce lawyer from MKFM Law for help. Call 630-665-7300 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59