Illinois Law Encourages Amicable Property Settlements
While you probably know at least one person who has been through an extremely nasty divorce. The proceedings may have lasted months, causing both spouses a high degree of stress and anxiety. What is worse, the acrimony and contentiousness of such a battle can leave lasting scars, making it incredibly difficult for the parties to communicate in the future. This, as you might expect, can present serious obstacles to a couple with children, who must find a way to coexist as well as to parent cooperatively.
Apart from child-related issues, property division concerns are often among the most divisive matters in any divorce. You and your spouse have worked hard to accumulate assets and savings, and if you are getting divorced, deciding which of you will get what can get very personal very quickly. However, if you are able to work reasonably with your spouse during the process, you should be able avoid an ongoing litigation that could require countless hours and thousands of dollars in expenses to resolve.
What Does the Law Say?
You are probably aware that Illinois law contains numerous provisions regarding how a court is to consider a divorce case. What you may not realize, however, that the law also expressly encourages a divorcing couple to negotiate their own reasonable property agreement. The aim of the relevant section of the law is “to promote amicable settlement of disputes between parties to marriage attendant upon the dissolution of their marriage.”
There are, of course, a number of avenues available for you and your spouse to reach a property agreement without relying on the courts, including mediation, collaborative law, or simply sitting down together and working out the details. As far as financial and property matters are concerned—excluding child support—you and your spouse can divide your assets and debts however you wish. The court’s only role in the process is to ensure that your agreement is not unconscionable. This merely means that the court must confirm that neither spouse is being treated unfairly and that the agreement is truly acceptable for both parties.
Before you present your negotiated agreement to the court, it is important to enlist the help of an experienced Orland Park family law attorney. We will review your proposed settlement, help you identify any potential issues, and work with you to resolve quickly and efficiently. Call 708-518-8200 to schedule your free introductory consultation today.