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The Advantages to Settling Divorce Out of Court

Posted on in Divorce

The Advantages to Settling Divorce Out of CourtMany divorces end with a court determining how issues related to marital properties and parenting responsibilities are settled. The spouses are unable to reach an agreement, often because of their inability to cooperate with each other in a one-on-one setting. If the relationship is bad enough, the spouses may dismiss even trying to negotiate with each other. However, divorcing spouses should always consider the possibility of settling out of court. There are several advantages to avoiding the litigious path during a divorce:

  1. Time: Having a court determine a divorce agreement often takes longer than settling out of court. Attorneys need time to gather and prepare evidence to present during the hearing. Waiting for an available hearing date can also delay the process. By negotiating out of court, the parties can set their own schedules.
  2. Cost: A quicker divorce settlement will reduce expenses. Divorce clients pay for the hours their attorneys must spend preparing for the divorce hearing, as well as the multiple court appearance required to settle the divorce. Some vindictive spouses will purposely drag out the divorce in order to increase the other spouse’s legal fees.
  3. Control: Spouses have the best understanding of how valuable certain properties are to the them and what arrangement will work best for their children. A court will use its best judgment to settle the divorce, but both parties risk a settlement that leaves neither of them happy. When settling their divorce themselves, the spouses may have creative solutions that the court might not think of.
  4. Privacy: Divorce hearings are public record, unless the parties take specific action to protect it. Otherwise, financial details discussed during a divorce are available to the public. This may particularly hurt a business owner, who wishes to hide his or her assets and interests from competitors.
  5. Tension: A court hearing can create a more combative atmosphere than private negotiations. Both sides feel they are competing to win the divorce agreement. The court’s decision may cause one side to resent the other. Private negotiations are more likely to result in an amicable agreement between the spouses.

Reaching an Agreement

If you do try to settle your divorce outside of court, you do not have to go through the process alone. A McHenry County divorce attorney at Botto Gilbert Lancaster, PC, can advise you during the negotiations and take the lead when necessary. Our experienced attorneys can also review your settlement to make sure that a divorce court will approve it. Schedule a free consultation by calling 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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