You and your spouse are miserable but you don’t even know how you can separate and still maintain a decent standard of living. What does divorce even look like? How would you go about it?
I tell potential clients that there are four ways to get divorced.
1. Try Collaborative. The Illinois State Legislature recently recognized the Collaborative Approach to Divorce. If you and your soon to be ex-husband or wife agree that you want to approach the Dissolution of your Marriage collaboratively, then you both hire Attorneys trained in the Collaborative Method. You both sign a written agreement not to file but to work as a team with the attorneys and clients together to iron out the details on who the children reside with and when each parent has parenting time with them as well as dividing their assets and making sure each of you has the cash flow you need to maintain your lifestyles in at least a similar if not the same manner you did prior to the divorce.]
2. You try Mediation. You both agree to go to a trained Family Law Mediator who may be a Social Worker or a Mediator Attorney who will attempt to mediate your issues to arrive at an agreement regarding the kids and your property as well as financial support if needed. That Agreement will then be taken by your attorney and used for the Judgment for Dissolution of Marriage and Parenting Order or Allocation Judgment and Parenting Plan.
3. Let’s say you have a complete agreement without the need go through the Collaborative Process or Mediation. You can get a “Non-Contested Divorce” which is by far the most affordable option. Your attorney will take your Agreement and incorporate it into your Judgment for Dissolution of Marriage and Parenting Plan.
4. The fourth and final option is to simply file immediately for Divorce. This is an option that is always available to you if your spouse will not initially agree to dissolving your marriage. Nine times out of ten after you file, you will reach an agreement by mediation or simply between yourselves.