Divorce is stressful — there is no doubt about that. There are so many things that you and your soon-to-be-ex have to decide on. How will your assets be split? Are you going to keep the house? How will you share your parenting time? Will one of you receive spousal support? The list is extensive, and chances are, you and your ex will not initially, or maybe ever, see eye-to-eye on all of the issues.
The first and best settlement option is to settle your case without Court involvement but . . . that does not mean without the help of a professional divorce lawyer. If you misunderstand the law or create false expectations, for example, your self-help could cost you greatly in the end. If your spouse seems open to consider discussing settlement the experienced divorce attorneys at Wakenight & Associates, P.C. can help you. Even Illinois’ favorite son, Abraham Lincoln, knew the perils of self-help when he famously stated that “A man who represents himself has a fool for a client.”
If settlement does not occur at the onset then a Petition for Dissolution must be filed and there is no defense that can prevent the Petition for Dissolution from being granted. You will be divorced. This broad concept is the first example of how the law is structured to drive divorce cases towards settlement. If you are planning on getting a divorce, here are a few situations in which you may need to opt for litigation, rather than negotiation or mediation:
You Were in a Violent or Abusive Marriage
If you were in a marriage that ended because of violence or abuse, you should probably skip negotiation and head straight for litigation. In many cases, marriages that involved either of those two things also involved an imbalance of power between spouses. If you feel like you are unable to advocate for your wants or needs, you will never get what you need out of your divorce if you try to negotiate with an abusive spouse.
You and Your Spouse Have Trouble Cooperating
It is highly unlikely that you and your spouse will agree on everything in your divorce. While disagreements are to be expected, the intensity of those disagreements is what you should be concerned with. If your spouse is being so uncooperative that you are unable to come to a settlement, litigation is your next choice.
Your Spouse Is Being Unreasonable
If your spouse is being completely unreasonable in your divorce meetings, you will need to litigate. For example, if you were a stay-at-home parent, and your spouse refuses to pay spousal maintenance that would allow you to continue providing care for your children while you take steps to re-enter the workforce, that is unreasonable. Many Illinois judges would award spousal support to a spouse who has been unemployed for an extended period of time, especially if they dedicated that time to domestic duties such as running a household.
You Can Talk to a Divorce Attorney Who Has Experience with Both Litigation and Negotiation
Choosing the right lawyer can be the key to achieving your goals in your divorce. Whether you are adamant about negotiating a reasonable settlement in your divorce, or you believe that litigation is the only path available, the skilled attorneys at Wakenight & Associates, P.C. can help.
Our Wakenight divorce lawyers have over 50 years of combined family law experience, and we have helped many couples complete their divorce using both litigation and negotiation. If you are unsure of which route is best for you, you can call us today.
COVID-19 has forced us to work remotely. We are available for video conferencing, however. Our corporate phones are now in our homes and we have several numbers where you can reach us: 708.848.3159 or 815.727.6144 or 630.852.9700. Our experienced attorneys can help you. We welcome your questions and calls.
