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Wheaton divorce mediation lawyersWhen a married couple decides to end their marriage through divorce, there are many decisions which must be made. If the couple has children, schedules for child custody (technically called the allocation of parental responsibility) and visitation (parenting time) must be arranged. The couple will also need to decide how they will split their marital estate. Often, this involves deciding whether or not to sell the family home or assign it to one of the spouses. Couples must also decide how shared bank accounts, investments, vehicles, and valuables like jewelry or fine art should be divided.

Understandably, many divorcing couples struggle to communicate effectively about these issues. In these circumstances, divorce mediation can help facilitate communication between the spouses so they can arrive at an agreement.

Benefits of Mediation 

Most divorcing couples wish to avoid courtroom litigation. Not only is litigation expensive and time-consuming but it can also be an intimidating environment and lead to escalated hostility between the spouses. Mediation allows couples to meet with a mediator and discuss their concerns about various issues related to the divorce. A mediator does not make decisions for the couple, but instead he or she encourages an open dialogue between the parties which allows them to make decisions for themselves.

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Wheaton divorce attorneys, divorcing in Illinois, jurisdiction logisticsBefore a civil action of any kind can be mounted in Illinois, it must be determined if this state has the right to hear it. This concept is called jurisdiction, and a court must have jurisdiction before any suit you file is permitted to move forward. In most situations, it is fairly easy to ensure a court has jurisdiction over your suit; however, the laws are quite specific.

Two Types of Jurisdiction

Jurisdiction is defined as the extent to which a legal authority can reach. There are two types of jurisdiction, both of which most people are familiar with in at least a colloquial sense.

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Wheaton family law attorney, absent spouse, divorceAn issue occasionally encountered in divorce is that a spouse will simply walk out, disappear or otherwise not cooperate or participate in the divorce proceedings. Hence, this can lead to issues obtaining a divorce decree. If your spouse cannot be located or contacted, it can be a little more difficult to obtain your divorce. Consulting an experienced family law attorney is advised.

Divorce by Publication

Divorce by publication is the process during which you place your notice of divorce in the newspaper or other publications that serve the area where your spouse was last known to reside. Once the court grants permission, you may then place the notice in the relevant publication for a specific period of weeks.

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divorce mediation, Illinois Family Law AttorneyFor some couples, the decision to divorce is a mutual agreement. When both parties are willing and able to cooperate, the use of mediation may be appropriate. Moreover, mediation can help divorcing couples understand the laws governing divorce and ensure that all issues are addressed.

The Mediation Process

A mediator is a neutral third party who helps to facilitate conversation and negotiation between a divorcing couple. It is highly advisable to hire a mediator who is a licensed attorney with a specialized focus on family law. By using a mediator with these qualifications, a divorcing couple can better ensure that all issues are addressed.

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Illinois divorce IMAGE

“Let cooler heads prevail with these men and women who work for the cause with all their hearts, with cool heads and skilled hands will master every fate” – Gustav Krupp.

Perhaps this German diplomat from the late 19th Century was onto something. In today's parlance, this phrase is known as simply: “don't lose your cool.”

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St. Charles, IL 60174
630-665-7300
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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