Whenever someone in Kankakee County files for a divorce, they are filing for a no-fault divorce. This means that neither party is cited as the reason for divorce and that there does not need to be any proof of wrongdoing for a marriage to end. However, the specific divorce process will depend largely on your unique circumstances. In some cases, an experienced divorce lawyer may guide you through a more collaborative process while in others, you may need to have a judge decide the issues.
All divorces in Illinois are no-fault divorces, meaning that every case is filed under irreconcilable differences. No-fault divorce was introduced in the United States for financial and moral reasons. No-fault divorce makes the process easier in several ways. For example, no-fault divorce allows people to leave unhappy marriages without having to prove their spouse’s wrongdoing. This also makes the process faster and cheaper. An attorney can further explain no-fault divorces in Kankakee County.
Mediation and litigation have a role in the context of no-fault divorce. Mediation is primarily used to help make decisions regarding children. Litigation is available should the parties not be able to reach an agreement through mediation. In litigation, the judge will make a final decision on the issue.
A collaborative divorce is when the parties agree they both want to get divorced and make the process as cordial as possible, but they also do not necessarily have an agreement on every issue. With a collaborative divorce, each party typically has their own attorney. Specifically, the parties involved in a collaborative divorce may include attorneys, financial advisors therapists, mediators, and divorce coaches. They work with a team of people outside of court towards an agreement. However, if the process fails and the parties must go to court, they must find new attorneys.
What is unique about collaborative divorce is that it is designed to keep the parties out of court. It is not until the very end when the parties will present the agreement to the judge for final approval. Communication in the collaborative divorce process is also different than other divorces because there is more focus on working through the issues. With a collaborative process, there might be more than one meeting where the parties works through the issues together.
The biggest benefit of collaborative divorce is that the parties understand they are trying to reach a resolution outside of court which allows them to maintain more control. An attorney can further explain the benefits of a collaborative divorce.
Every divorce in Kankakee County is technically a no-fault divorce. However, that does not mean every divorce will look the same. While some no-fault divorces will be more of a collaborative process, others will be contentious and need to be settled by a judge. To learn how an attorney can help you through your divorce, call Reidy Law Office LLC today.