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Should I go to court instead of choosing an uncontested divorce?

| Jul 29, 2018 | Uncategorized |

You may have learned from family, friends and your own research that alternative dispute resolution methods have many benefits over a litigated divorce. While it is true that mediation and collaborative law can help many Illinois couples end their marriages amicably, uncontested divorce is not for everyone. If you have doubts as to whether an uncontested method is for you, it may be wise to consider your individual circumstances.

As FindLaw explains, mediation and collaborative law can be less costly than litigation, as well as less time-consuming and contentious. However, you and your spouse will need to cooperate and keep an open mind when negotiating solutions to your disputes. An uncontested option may not be advisable in the following situations:

  • Your spouse has significantly more funds than you, and is using it as leverage against you.
  • Your spouse attempts to intimidate you and your legal team into giving in to his or her demands.
  • Neither you nor your spouse are able to discuss matters respectfully and civilly.
  • Domestic violence or other forms of abuse were present during the marriage.
  • Your spouse abused alcohol or other substances.

Even in contentious marriages, both spouses may be able to temporarily set aside their differences and strive for alternative dispute resolution solutions that benefit each of them. You may consider whether this might work during your own divorce before deciding whether it may be in your best interests to have a judge determine the outcome of your divorce disputes. This information should not replace the advice of a lawyer.