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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
Subscribe to this list via RSS Blog posts tagged in divorce litigation

b2ap3_thumbnail_shutterstock_750040453.jpgDivorce is often viewed as a tumultuous process, but this is not always the case. In fact, some couples still value their bond and prefer to end things peacefully. Others recognize that fighting increases the financial and emotional costs for everyone involved. In these situations, parties may opt to pursue alternative dispute resolution over a litigated divorce. However, this path may not be right for every couple, and litigation may be the only way to successfully finalize a divorce.

Mediation or Litigation?

If you are considering using mediation during your divorce, it is important to know that victims of any form of abuse (mental, physical, or financial) are generally encouraged to lean towards litigation instead, as it tends to offer greater protection throughout the divorce process. Litigation is also preferred when there is suspicion of hidden assets. However, contention or disputes between the parties do not mean that a couple cannot pursue alternative dispute resolution; if anything, this particular divorce path may offer some benefits for couples, as long as both parties are at willing to bring their concerns and disagreements to the table in a civil manner. Both parties are encouraged to work together and reach a compromise on sensitive matters, like the division of assets and the creation of a parenting plan. The goal is to make sure that each party walks away with at least some of what they want and a fair portion of what they deserve.

Points to Consider When Determining Whether Mediation Is the Right Solution for Your Divorce

You should ask yourself the following questions when trying to determine which path is best for you:

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Bloomingdale alternative dispute resolution attorneyJust as every relationship and marriage is unique, so too is every divorce. While some couples may choose to split amicably, with almost no signs of contention, others may struggle with hostility, arguments, and conflict. In some cases, people may be floored by the vengeful nature of their soon to be ex-spouse. Thankfully, there is a solution for every situation, and it is important to understand which divorce option may be best for you.

Mediation Versus Litigation

There are two basic ways to handle a divorce: mediation or litigation. Mediation (a common form of alternative dispute resolution) is a process in which the parties attempt to come to an agreement regarding the details of their divorce. A third-party mediator will work as a non-biased facilitator who will not make decisions for the spouses, but who will guide them toward reaching a compromise on any outstanding legal issues they need to address. While a mediator may help the parties understand how the law applies to their situation, they will typically not offer legal advice. For this reason, even when using mediation, you should hire your own divorce attorney who can explain your rights and ensure that your divorce settlement will meet your needs.

Litigation is the more “traditional” divorce route, as it involves the parties going to court and pleading their case before a judge. Both sides will have a chance to argue for why their wishes should be followed regarding issues such as property division or child custody. The judge will then make a ruling, determining how to resolve financial issues in a fair and equitable manner and deciding child-related issues based on what is in children's best interests. Whatever the decision may be, each party must abide by the ruling. Either party may file an appeal if they believe that errors were made during the divorce trial that resulted in an unjust judgment.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from four offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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