If you are going through a divorce in Illinois, you may be wondering if mediation is the right option for you. Divorce can be a difficult and emotionally draining process, and many couples choose to use mediation instead of fighting legal battles in the courtroom. To determine whether mediation may be the right choice for you, it is important to understand how mediation works, the benefits it can provide, and the cases where it may not be the best option.

What Is Mediation?

Mediation is a form of alternative dispute resolution (ADR) that allows couples to work together with a neutral third party to negotiate their divorce settlement. Unlike litigation, where decisions are made by a judge, mediation allows couples to retain control over the outcome of their case.

In Illinois, a couple may be ordered to use mediation by a family court judge, or they may choose to hire a mediator on their own. While each mediator may have their own process, most cases will involve both parties meeting together with the mediator, discussing the issues that will need to be addressed, and working together to reach agreements on the terms of their divorce settlement.

Divorce can be challenging for anyone, but the process of ending a marriage can be especially complicated for couples who have a high net worth. In addition to addressing the typical concerns about issues such as property division and child custody, determining how to resolve financial matters can take on a whole new level of complexity for couples with substantial assets. If you are going through a high net worth divorce in Illinois, it is crucial to work with an attorney who can help you understand the specific financial issues that may arise and how they could impact your future.

The Role of Asset Valuation

One significant challenge in high net worth divorces involves properly valuing all assets owned by a couple, both together and separately. This task can become particularly complex when there are diverse investment portfolios, business interests, real estate holdings, and other valuable assets involved. Accurate asset valuation is essential for ensuring an equitable distribution of marital property during the divorce proceedings.

To ensure that all assets will be valued correctly, it is important to consult with professionals such as forensic accountants and appraisers who have experience working with high net worth individuals. These experts can help determine the value of businesses, investments, retirement accounts, intellectual property rights, professional practices, and other valuable assets.

Going through a divorce can be challenging, and couples will need to address multiple types of legal and financial issues. Many of the most significant concerns for divorcing spouses will be related to the division of assets and the family home in particular. If you are looking to maintain ownership of your home following a divorce in Illinois, there are several factors to consider. By working with a skilled divorce attorney, you can take steps to protect your interests and resolve financial issues successfully.

Understanding the Laws in Illinois

Before delving into the specifics of home ownership following divorce, it is essential to have a basic understanding of the laws in Illinois regarding property division. Illinois follows the principle of equitable distribution, which means that marital property is divided between spouses fairly but not necessarily equally.

Marital property includes any assets acquired during the marriage. If your family home was purchased after you got married, it will be a marital asset. However, if you owned the home before you got married, or if you received the home as a gift or inheritance, it may be considered non-marital property, and it could potentially be excluded from the division. 

Understanding how and when paternity can be established is a crucial concern for both mothers and fathers in Illinois. Establishing paternity may be necessary before issues such as child custody, child support, inheritance rights, and medical care can be addressed. When paternity is established, a legal relationship will be created between the parent and child, ensuring that both of a child’s parents can play an important role in their lives.

Presumed Paternity

Paternity is established automatically in specific circumstances under Illinois law. If a couple is married when a child is born, both spouses will be presumed to be the child’s legal parents. If a couple’s marriage ended within 300 days before the child's birth, the ex-husband is presumed to be the legal father. If the requirements for presumption of paternity have not been met, the father will not be considered the child’s legal parent, even if both parents understand that he is the child’s biological father.

At one time, in order to file for divorce, a spouse was required to cite the reason why they wanted to end their marriage. The reason cited was referred to as “fault.” Today, Illinois no longer has this requirement, and all divorces are “no-fault.” In a no-fault divorce system, the only accepted grounds for divorce are irreconcilable differences or the breakdown of the marital relationship. This approach represents a significant shift in the way divorce is handled, aiming to simplify the process, reduce conflict, and promote a more amicable separation.

The following is a brief overview of no-fault divorce. For more detailed information about your particular situation, contact our office for legal assistance.

Advantages of No-Fault Divorce

One of the primary advantages of a no-fault divorce is that it eliminates the need to establish fault or assign blame for the end of a marriage. In traditional, fault-based divorce cases, individuals seeking divorce had to prove misconduct, such as adultery, abandonment, or cruelty, to justify the dissolution of the marriage. This often led to a protracted and acrimonious legal battle, exacerbating the emotional and financial strain on both parties. No-fault divorce streamlines the process, allowing couples to focus on resolving practical matters and moving forward with their lives.