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Posted on in Divorce

Protecting Private Information in a Divorce RecordIllinois media outlets have taken interest in the divorce case of former U.S. Rep. Jesse Jackson Jr. because the case records include details about his possible improprieties. The coverage is a reminder that divorce records are public information, unless a court specifies otherwise. Reporters use their access rights to investigate public figures, but anyone can request to see the record of any divorce case. Spouses may use personal information as evidence to help determine divorce issues, such as division of property and allocation of parental responsibility. Submitting the evidence can make sensitive information part of the public record, including:

  • Business valuations and trade secrets;
  • Accounts of past infidelity;
  • Accusations of criminal offenses that did not result in official charges; and
  • Details about someone’s private life.

There are actions you can take during your divorce that can protect sensitive information in your case from becoming public.

Sealing Records

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Posted on in Mediation

Kane County divorce lawyerAlternative dispute resolution (ADR) can provide a divorcing couple with an efficient, reduced-conflict path to a mutually-satisfying divorce settlement. However, it is not the right choice for every couple. Sometimes, divorcing through an ADR method like mediation or collaborative law can seem like the right choice, but then prove to be impossible for the couple to complete once they actually begin the process. When this happens, the couple must explore other options for completing their divorce. Sometimes, a couple can try ADR again with greater success. In other cases, litigation is the right choice.

Try Working With Another Mediator

When you choose to divorce through mediation, you and your spouse work with a mediator, a neutral third party professional, to reach a mutually agreeable divorce settlement. Mediators are human beings and, as such, not every mediator is a good fit for every couple. You might feel like your mediator has a bias or is not guiding your divorce discussions in a way that makes you feel empowered. If this is the case, it is perfectly acceptable to stop the process and restart it with another mediator.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, dissolution of marriageWhen a couple chooses mediation for their divorce, they are choosing to forgo traditional litigation in favor of creating their own settlement with help from a mediator, considered a form of alternative dispute resolution. A mediator is a neutral third party who is trained to help divorcing couples work through their issues and reach a settlement that fits both of their needs. Many couples who choose mediation report higher levels of satisfaction with their settlement and better relations with each other after the divorce than couples who choose traditional litigation.

But mediation is not the right choice for everybody. Sometimes, a couple's personal circumstances make them unable to work together openly and honestly. If a couple cannot do this, they cannot have a successful mediation.

Mediation Is Not the Right Choice When:

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Posted on in Divorce

Illinois divorce attorney. Illinois family law attorney, divorce negotiation,If you are considering a divorce, the time and expense of a protracted court battle might affect your decision. However, if a divorce is in your family’s best interests, do not be deterred by the legal process. Divorce does not have to involve contentious litigation – it can be resolved through an amicable mediation instead.

In fact, you can address the same issues through mediation that you would address in a traditional divorce proceeding, including child custody, visitation, child support, property division, and alimony. And you can do so without the emotional drama that often accompanies litigation. When deciding whether divorce mediation is right for you, consider the following:

  • Mediation is typically less expensive than a formal legal proceeding;
  • The mediation process usually does not take as long as litigation, which means your divorce will be finalized sooner;
  • Because mediation generally involves less conflict, the divorce will not be as stressful for you or for your children;
  • Mediation offers the parties more control over the divorce and the solutions to the issues addressed above (such as child custody and property division);
  • Without a contentious legal fight, it is easier to preserve a positive relationship between the divorcing spouses; and
  • Mediation allows the parties to maintain the confidentiality of their financial and personal information.

Before you decide to pursue divorce mediation, it is also important to understand the process. Illinois adheres to the Uniform Mediation Act, which ensures the confidentiality of mediation proceedings so that participants feel comfortable speaking candidly about their dispute.

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Posted on in Divorce

divorce mediation, alternative dispute resolution, Kane County divorce attorneyIs there such a thing as a hassle-free divorce? Probably not, given the emotional, financial, and legal difficulties that follow in the wake of a divorce. However, that does not mean you and your divorcing spouse are destined to spend tens of thousands of dollars in court fighting over such trivial questions as who gets the family lawn chairs. In Illinois, there are a number of options to help your divorce be as conflict-free and cost effective as possible.

Mediation in Illinois A growing number of divorcing couples choose mediation. Divorcing spouses in Illinois may choose to use a mediator to help negotiate one or more aspects of their divorce. Mediation has a number of benefits, including the following:
  • Cost Benefits - The mediation process can save you money, especially compared with the prospect of an expensive, drawn-out court battle. You and your divorcing spouse may split the cost of the mediator.
  • Time Savings - Mediation offers a more rapid way to solve your divorce-related disputes than litigation. If you choose to go to court, it can take a year or more just to get a court date, and several years longer if either party appeals the decision. For couples who wish to move past the divorce as quickly as possible and start their new lives apart, mediation is an attractive option.
  • Relationship Preservation - As a less contentious forum than a courtroom, mediation offers an opportunity to negotiate a divorce while still preserving some kind of relationship with your ex-spouse. For divorcing couples who will need to have regular contact even after the divorce--for example, when future decisions will need to be made regarding the care of a child--mediation can help end the marraige on amicable terms.
  • Mutual Satisfaction - The goal of mediation is to reach an agreement that both sides can live with. This differs from the winner-take-all court system, in which each side presents an argument and then the judge decides who wins and who loses. Additionally, mediation offers an opportunity to address extra-legal issues that are not ordinarily susceptible to determination by a court. When couples play a part in negotiating their divorce agreements, they often feel happier about the results.
Even in a Mediation, You Need The Help of An Attorney Even if you choose to use a mediator to help negotiate your divorce agreement, it is essential that you speak with a skilled Illinois attorney. Those individuals who do not understand their rights in a divorce may end up disappointed and hurt from a mediation. Further, an attorney can help you select the right mediator, explain the mediation process, and even attend the mediation with you. Contact a Divorce Mediation Attorney If you are considering divorce and have questions about how to preserve your legal rights while ending your relationship with your spouse as amicably as possible, it is vital that you contact a skilled family law attorney. The professionals at Goostree Law Group are dedicated to helping individuals involved in divorce proceedings understand their rights and reach the outcomes they desire. Contact us today to schedule your free consultation. We work with families in Kane County, DuPage County, Kendall County, and many nearby communities.
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