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Three Types of Divorce: Finding the Best Fit

Posted on in Divorce

Aurora divorce attorneyJust like people, divorces come in all shapes and sizes. There are multiples types of divorce that are recognized in Illinois, including mediated divorce, collaborative divorce, and litigated divorce. Each type of divorce has its own pros and cons, and each type can be right for the right couple. If you choose the right divorce for your situation, you can save yourself and your family an unwanted headache.

Mediated Divorce

In a mediated divorce, a third party is brought in to act as a mediator to help the couple come to a divorce agreement. The mediator is responsible for identifying issues that need to be resolved and helping both parties come to an agreement. Benefits of a mediated divorce are plentiful, and this type of divorce can:

  • Be easier on children, since mediated divorces tend to be more peaceful.
  • Fast track a divorce agreement.
  • Be less expensive.
  • Allow you to make your own decisions.
  • Allow for more privacy.

Disadvantages of a mediated divorce are also prevalent; a mediated divorce can:

  • Be long and costly if you cannot come to an agreement and have to start over.
  • Result in an unfair settlement.
  • Fail to uncover certain assets.
  • Lead to legal uncertainty.

Collaborative Divorce

A collaborative divorce is a type of divorce in which both parties agree to negotiate a divorce settlement outside of court. Each party hires their own attorney who is trained in collaborative law and who will advise and assist their client during the negotiation process. Pros of collaborative divorce include:

  • It creates a healthy co-parenting relationship.
  • It increases the odds that a couple will follow their divorce agreement.
  • It can be cheaper than litigation.
  • It keeps your divorce out of the courtroom.
  • It allows you to tailor your agreement to your specific needs.

As with all divorce options, there are also cons to a collaborative divorce. A collaborative divorce can:

  • Cause you to resort to litigation if you cannot come to an agreement.
  • Be more expensive if the collaborative process fails.
  • Result in unfair settlements if a party is not honest about their assets.

Litigated Divorce

A litigated divorce involves both parties hiring their own attorneys and resolving their disputes in court, where a judge will decide the outcome for any issues the spouses cannot agree on. Usually in a litigated divorce, one person wants the divorce while the other does not. Benefits of a litigated divorce can be hard to find, but there are some. A litigated divorce can:

  • Allow for the best settlement in cases involving substance abuse or domestic violence.
  • Order a discovery if a spouse refuses to disclose information.
  • Provide an order of protection if a spouse is abusive.
  • Provide a solution if spouses cannot come to an agreement on their own.

Litigated divorces can also come with some not-so-great consequences. A litigated divorce can:

  • Increase legal fees.
  • Increase the length of the divorce process.
  • Be emotionally damaging to your loved ones.

Seek Help From a Wheaton Divorce Lawyer

If you are planning to end your marriage through divorce, determining which route you should take can be confusing and overwhelming. Each type of divorce has its benefits and detriments, and the right type for you depends on your specific situation. A knowledgeable DuPage County divorce attorney can help you understand your options and determine your best path for moving forward with your divorce. Contact Anderson & Associates, P.C. at 630-653-9400 to schedule a free consultation and begin your divorce process.

Sources:

https://psychcentral.com/blog/4-different-types-of-divorce/

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#9fdb64a20ae1

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