Common Divorce Mistakes: 3 of the Biggest Dilemmas in Illinois
Common divorce mistakes take what can already be an emotionally draining process and complicate the situation further. Even when both spouses agree that divorce is in their family’s best interests, the process still contains its share of trials and tribulations. Moreover, divorce is almost always a grieving process.
Notably, this grieving intensifies when the spouses display anger towards one another, or when only one spouse seeks the divorce. Although each case is unique, the team at Legal Solutions — Collaborative Family Law witnessed several common mistakes. By avoiding these mistakes, the divorcing couple increases their chances of reaching a settlement agreement.
Common Divorce Mistakes #1: Prematurely Petitioning for Divorce
First, prematurely petitioning for divorce often comes up among common divorce mistakes. While some believe the process will be over faster once the petition is filed, this couldn’t be further from the truth. Typically, the process won’t be as simple as the court making all of the decisions and finalizing the divorce. For this reason, spouses gain plenty of insight when they thoroughly understand the divorce process. Not only does this better prepare them for a standard divorce, but it also helps anticipate potentially contested issues.
Overall, the divorce process contains its share of factors. Not only does this shed light on the emotional and financial components, but it also brings up the challenges of co-parenting when children are involved. While understanding spousal rights and responsibilities proves invaluable, taking into account the best interests of the children matters just as much, if not more. By thoroughly researching the marital estate (and non-marital estate when relevant) and the Illinois divorce process, both spouses can better tackle the challenges ahead.
Common Divorce Mistakes #2: One Spouse Takes a Firm Stance on a Particular Issue
Another common divorce mistake occurs when one spouse takes a firm stance on a particular issue. Fixating on one piece ignores the bigger picture. This turns a common-sense agreement into a costly fight.
Child Custody Issues
Oftentimes, parents may gravitate toward Child Issues. Although one parent may firmly fight for sole decision-making and the majority of parenting time, the child(ren) might not benefit from such a scenario. Working together early in the process, with the assistance of a child-focused mediator, is generally a more effective way to identify how to share responsibilities for and time with your child(ren).
Family Home Issues
Who stays in the family home? Another common battle amongst those dissolving a marriage, this challenge similarly requires compromise. Divorce does not need to be zero-sum.
Common Divorce Mistakes #3: Both Parties Fail to Explore Their Options
One of the biggest divorce mistakes is when the divorcing couple runs straight into traditional litigation. Not only will the court not make the majority of its decisions, but litigation also tends to be highly expensive. Generally, this time-consuming, adversarial process ends with both parties feeling unhappy with the result.
Alternatively, exploring more amicable routes, such as Mediation or Collaborative Divorce, frequently leads to a better resolution. Through these methods, spouses often prepare their settlement agreement on their own terms. By steering clear of the court system, spouses tend to redefine their relationships and those of any involved children.
Avoid Common Divorce Mistakes with Legal Solutions — Collaborative Family Law
In Illinois, the divorce process proves costly and complicated. Sidestepping common divorce mistakes like filing preemptively, standing hard on issues, and heading straight toward litigation helps to alleviate the emotional burden, time commitment, and financial investment in the long run.
For legal guidance with your Illinois divorce, contact the family law firm at Legal Solutions — Collaborative Family Law.
