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Amicable Divorce in Illinois

Posted on in Divorce

Kane County divorce lawyersAn amicable divorce can be challenging, but rewarding. Achieving an amicable divorce, though, is hard work and requires the skill of an experienced divorce attorney in Kane County who can protect your rights throughout the process. If you are seeking an amicable divorce or interested in learning more about amicable divorces, one of our attorneys in Illinois can help.

What is Considered an Amicable Divorce?

An amicable divorce involves willingness to put aside existing animosity in an effort to find workable solutions to areas of disagreement related to equitably dividing assets and debt responsibility, establishing child or spousal support, and developing a parenting plan. This process typically involves the use of negotiation and alternative dispute resolution methods, like arbitration, mediation and collaborative law.

Potential Benefit of an Amicable Divorce

There are numerous benefits to choosing an amicable divorce process, including:

  • Avoiding the time and expense of litigation;
  • Resolving disagreements in an equitable manner;
  • Having a say in how disputes are resolved, rather than relying on the court's cookie-cutter default plans;
  • Availability of flexible, innovative solutions;
  • Focus on dignity and respect for both parties; and
  • Avoiding the adversarial divorce proceedings can help parties relate to each other in a healthier way post-divorce. This is especially important for co-parents.

Obstacles to an Amicable Divorce

As desirable as an amicable divorce typically may be, this type of divorce proceeding is not right for every situation. There are a few reasons why an amicable divorce would either not likely be achievable, or could end with one spouse being taken advantage of or agreeing to unfair terms.  Some examples of factors that could preclude the success of an amicable divorce include:

  • Domestic violence history or other forms of abuse;
  • Financial abuse, dishonesty or manipulation, including hiding assets;
  • Refusal of one spouse to attend mediation or commit to authentic interactions during alternative dispute resolution methods;
  • Great disparity of power and control in the marriage;
  • Allegations of parental unfitness.

Consult an Amicable Divorce Attorney in Kane County

While it may not be possible to obtain everything you want, if both parties are willing to be flexible in the search for innovative solutions, each can walk away feeling heard and respected. There is no better way to achieve a peaceful transition to co-parenting, dividing the household, and forging new independent lives than through an amicable divorce. Reach out to one of our experienced Kane County family law attorneys today to discuss whether an amicable divorce might be right for you. Call 630-584-4800 for a free consultation at Goostree Law Group.

 

Source:

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

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