When people in Illinois decide to divorce, that choice may have come after a series of conflicts with their partner. They may feel like they will never agree on anything again, especially if the period before the divorce was filled with arguments and fighting. Still, even couples with a contentious relationship may benefit from settling their divorce case before it goes to trial. There are a number of factors for divorcing spouses to consider when deciding how to proceed with the end of their marriage, and a family law attorney may help them to find a resolution.
Taking a divorce through family court can make the process stretch over the course of a year or even more, at a time when many people are in a hurry to finalize the divorce. A trial must be scheduled on the court calendar, and attorneys and experts will need to prepare more comprehensive filings, presentations and exhibits. On the other hand, most people can resolve their cases more quickly by seeking a negotiated settlement. This does not mean that the two spouses just argue it out; negotiations typically involve attorneys representing both parties.
The longer the divorce takes, the more expensive it is likely to be. Legal fees escalate as lawyers and experts spend extensive amounts of time preparing for trial, while court costs and fees can also add up. This can mean that key issues, especially over asset division, are overshadowed by the overall cost of the divorce. Many people find that compromising on asset division in negotiations provides a better outcome than going to trial.
In some cases, however, one spouse is intransigent and refuses to seek a settlement to resolve these major issues. A family law attorney may help a divorcing spouse negotiate a mutually acceptable settlement or proceed to trial.