Negotiated Divorce Settlements
Oftentimes, even if a couple has failed to reach a divorce agreement, they still are willing to communicate to resolve the case. In this instance, it is common for the parties and their attorneys to meet for a settlement conference and attempt to resolve the terms of the divorce out of court. This is called a negotiated divorce settlement.
At Stern Mendez, we pride ourselves on our negotiating skills and understand your desire to avoid the courtroom. We encourage amicable resolutions and out-of-court divorce settlements whenever possible—and know that sometimes all that’s needed to settle a divorce is a more formal conference with the parties’ attorneys present.
What is a negotiated divorce settlement?
For a divorce, negotiated settlements allow couples who have failed to reach an agreement—but are still willing to continue discussing their disagreements—to:
- Avoid the costs and emotional demands of going to court (this is called divorce litigation)
- Have their settlement confidential and remain out of the public record
- Form creative solutions and apply non-traditional methods to their problems by avoiding a judge’s ruling
Advantages of Out-of-Court Divorce Settlements
To some extent, negotiation occurs in the vast majority of Illinois divorce cases. In fact, a small portion can be entirely negotiated out of court. When communication is not an issue, it’s common for the parties and their attorneys to meet for a settlement conference and attempt to resolve the case. Negotiated settlements are especially appealing to couples who have agreed upon many terms of their divorce.
In our experience, negotiated settlements may provide the parties with more flexibility as they are not limited to what their divorce attorneys can prove at trial. They are also not bound by what a judge may order under a strict application of Illinois’ statutes. Consequently, the parties and their divorce attorneys can form more flexible solutions to the couple’s problems. Issues such as child support and the division of debt and assets may be dealt with using non-traditional methods.
Contact Our Divorce and Family Law Firm
Contact Stern Mendez in Evanston, Chicago, Lake Forest and Oak Brook at any time to review the specifics of your divorce case. We are always happy to analyze your case and give our opinion on how it should settle. Request a free consultation online or call us at (847) 868-9584.
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