Attorneys Answer Chicago Divorce Process FAQs

Will my case have to go to trial?

What are my options for divorce other than litigation?

What is a collaborative divorce in Illinois?

Is mediation the best option for my divorce?

What are the main differences between collaborative divorce and mediation?

How can I make sure I make the best choice for my divorce?

Q: Will my case have to go to trial?

A: Our goal is to assist our clients in resolving issues amicably. Nonetheless, a fair result often requires aggressive litigation. We strive to find settlements that best enable our clients to put the past behind them and successfully move on with their lives. We are trial lawyers and prepare to take a case to trial if necessary to protect or advance our clients' interests. Our partners are accomplished and celebrated litigators who combine many of the advantages of a large firm with the sensitivity and personal attention required to practice divorce law in Chicago effectively.

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Q: What are my options for divorce other than litigation?

A: If you wish to avoid the stress that comes with court room dates and Illinois divorce litigation, you have several options. If you believe you and your future ex-spouse will be able to work together amicably, you may want to consider collaborative divorce and/or mediation.

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Q: What is a collaborative divorce in Illinois?

A: In the context of divorce, collaborative law is essentially a business arrangement in which the marital assets are distributed after both parties fully disclose their assets and reach an agreement on their value. A collaborative divorce is dependent on both parties working together with the assistance of divorce attorneys and other professionals to create and implement an agreement both parties and their children, if applicable, can live with. Once it is finalized, the agreement is entered as a judgment of divorce by the court. Typically, most of the work during a collaborative divorce takes place in meetings that include both parties and their respective attorneys to arrange the details of the divorce.

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Q: Is mediation the best option for my divorce?

A: It depends on the circumstances of your specific situation. Mediation in Chicago can be used within the collaborative divorce process, or it can be done separately. Depending on the complexity of the divorce, mediation may last only one meeting or may require multiple meetings. It is important to know that what is said during a mediation session is confidential and may not be used in court.

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Q: What are the main differences between collaborative divorce and mediation?

A: In a mediated divorce, the parties work with a neutral mediator. Chicago family law attorneys are typically not involved; whereas in a collaborative divorce the parties work together with each of their attorneys. These two options may be used together or separately to finalize a divorce in Illinois and is best when a couple can agree on the majority of divorce-related issues and are willing to work together to resolve other issues. If both parties involved in a collaborative divorce or mediation fail to reach an agreement, it may be necessary to go to court.

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Q: How can I make sure I make the best choice for my divorce?

A: To ensure you reach the best decision regarding how you want your divorce to be finalized, it is best you consult with a Chicago divorce attorney who has experience with the collaborative and mediation processes as well as litigation. At Nottage and Ward, LLP, our lawyers have exclusively practiced family law for over 30 years. To learn if our experience can fit your needs, call our law offices today at (312) 332-2915.

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Additional Information

• Attorney Jeffrey Knipmeyer Discusses Benefits Of Always Being Prepared For Trial