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posted on 3/18/18

Just as the costs and procedures involved in a family law case vary greatly among different jurisdictions and different types of claims, the resolution process varies, as well. Over 97% of these cases settle out of court. Based on the trends, that number could be even closer to 100% in a few years. That statistic is quoted a lot, but sheds little light on the issue.

A simple marriage dissolution case might settle almost immediately if the couple was only married a short time, had no children, owned no property, and owed no significant debt. On the other end of the scale, some celebrity divorce cases drag on for years. Most of these matters, including relatively complex marriage dissolutions, fall somewhere in between.

Do Illinois Divorce Cases Settle Informally?

Low key settlement talks often pre-date the petition filing date and do not involve lawyers on either side. Many parties rather quickly come to broad agreements on most issues, but there are no specifics. For example, Mother and Father might generally agree that she will have custody of the children and he will pay alimony, but they might not agree on a parenting plan or the amount of spousal support.

At this point, a Chicago lawyer steps in. In the above example, a lawyer gives solid advice about the types of parenting plans available and the amount of spousal support a judge is likely to approve. Such advice is particularly important in these areas. The psychology behind parenting plans is almost always in flux, and the legislature recently changed the alimony rules yet again.

Generally, the agreement moves from broad principles to specific items that are either in the best interests of the children or result in an equitable division of marital property. Sometimes this process takes a few weeks, sometimes a few months, and sometimes it does not occur at all.

The Mechanics of Mediation in Chicago

When settlement discussions stall, or never get started at all, formal mediation usually occurs. Illinois judges often order mediation in contested cases. Even if no such order exists, formal mediation is often a good idea.

The mediator is usually a family law attorney who reviews the pleadings and has some idea of the issues before the proceeding starts. After each lawyer gives a brief opening statement, the parties retire to separate rooms. Then, the mediator conveys settlement offers and counter-offers until the parties (hopefully) agree on a resolution.

Illinois mediation usually works. Over 70% of the participants either settle the entire case or narrow the issues to consider at trial. There are some other benefits, as well.

  • Mediation often results in substantial cost savings,
  • A quicker ending eases the emotional stress associated with marriage dissolution,
  • Mediation is private, and
  • Voluntary compliance with mediated settlements is usually quite high because the parties feel like they had a voice in the process.

That last point is especially important if either party has issues with authority. Many times, a court order in these situations means dozens of trips back to court in future years.

Will My Chicago Divorce Go to Trial?

Divorce trials make for great movies and TV, but they almost never occur in Illinois courthouses. There are a few exceptions. Some parties are so far apart on the issues and so distrustful of each other that settlement is impossible. Sometimes, there are safety concerns and the parties should only be in the same room in a secure environment. Other times, one or both parties need the emotional closure that only a trial provides. If there is a trial, it is always in front of a judge without a jury.

Work with Experienced Lawyers

Every divorce is different, but they usually follow the same path. For a confidential consultation with an experienced family law attorney in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Ryan Holloway)