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Factors to consider in going to litigation in a divorce

Some people who are going through a divorce are able to negotiate an agreement without going to court. However, people in Illinois who are struggling to reach an agreement with a spouse might wonder whether it would be better to settle or to go to litigation. Cost, time, stress and the possible outcome are all factors in this decision.

Litigation can be costly in time and money. Court dates may be set months out, and it is also necessary to do some preparation for litigation. Cost can run into five or six figures, so people considering litigation over property division should weigh the value of the assets they are fighting over against the probable costs of going to court.

Many people underestimate the amount of stress that litigation will cause them and their children. It can also further damage relationships between parents and reduce the possibility of a healthy co-parenting relationship in the future. It may be necessary to supply the attorney with information for the court immediately, and this can mean having to stop in the middle of the workday or child care to do so. However, litigation might still be worth it if a person has a strong case and an uncooperative spouse. It may be the only way to get the outcome the person wants.

An attorney may be able to help a person prepare for negotiation or litigation by explaining the person's rights under state law and what they can expect. Property is supposed to be divided equitably in Illinois. This can give couples in negotiation the opportunity to reach a creative solution that works for their set of circumstances. If they go to court, a judge will take several factors into account, including how much one person may have contributed to the value of the asset.

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