Divorce can be stressful and costly. Litigation makes that even more so. Most families and divorcing couples will benefit if they can resolve their differences outside of court, before ever starting the divorce process. It helps protect your privacy, your mental health, and your children if you have them.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help couples avoid contested divorce litigation through negotiation, mediation, and other strategies to reduce your costs and stress.
Why Divorce Litigation in Illinois Is So Costly and Time-Consuming
Litigation is adversarial, which means lengthy back and forth over disagreements. If the case is contested, the formal litigation process closes many doors, rather than opening them. This means you may go through:
- Multiple court hearings
- Strict deadlines and procedural rules
- Formal discovery, including subpoenas and depositions
- Expert evaluations for finances or parenting issues
- Months of waiting for court dates
- Significant attorney fees
Litigation also increases conflict. Each side is encouraged to “prove” their position, which can escalate tension and make co-parenting harder long after the divorce is final.
The Benefits of Avoiding Court in an Illinois Divorce
Choosing an out-of-court process offers several advantages:
1. Faster Resolution
Courts are very busy. Scheduling a trial may take a long time. Negotiation, mediation, or other strategies put you in more control of the pace.
2. Lower Legal Costs
Litigation can be more expensive because of the preparation involved. It can require attendance at multiple hearing, research, formal filings, and more. Alternatives usually resolve faster and with fewer billable hours.
3. More Control Over the Outcome
In litigation, the judge decides your future. If you are in control through negotiation, you get to craft creative solutions that better fit your needs.
4. Privacy
All of the court filings and your hearings are public. However, your mediation or negotiation sessions are confidential. This can help protect your privacy.
5. Reduced Conflict
Non-litigation tactics help you focus on cooperation, rather than a confrontational divorce. This can be very important for those with kids, as you’ll be co-parents for many years in the future.
What to Do Instead of Litigating Your Illinois Divorce
There are several options that can help you avoid litigation.
Mediation
Mediation is very popular in Illinois. Here, a third party who is completely neutral helps facilitate a discussion. They help to:
- Identify issues
- Find solutions
- Craft an agreement
- Encourage respectful and constructive dialogue
Mediation is especially effective for couples who can communicate respectfully, even if they disagree on certain issues.
Collaborative Divorce
Collaborative divorce is a unique and often very effective way to avoid litigation. The parties and their attorneys all agree to resolve their issues without going to court. Everyone signs a participation agreement, and they agree to work towards a resolution.
This approach often includes:
- Financial neutrals
- Child specialists
- Divorce coaches
Negotiated Settlement
Most Illinois divorces settle before trial. Negotiation is often the simplest and most efficient way to resolve issues such as:
- Property division
- Parenting time and decision-making
- Child support
- Maintenance (alimony)
When Litigation Is Truly Necessary
Some cases cannot be resolved outside of court, including:
- Domestic violence or safety concerns
- Hidden assets or financial misconduct
- A spouse who refuses to participate
- Urgent issues requiring temporary orders
Even then, narrowing the issues through negotiation or mediation can reduce the time spent in court.
Avoid Contested Litigation When You Can: Hire an Experienced Illinois Divorce Attorney
A highly experienced Illinois divorce attorney not only knows how to litigate when needed, they know how to avoid it. The right negotiation skills can make all the difference in your life and your finances. Avoiding litigation whenever possible is usually the right path.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.