No one enters a marriage thinking it will end one day. But a divorce can be financially devastating if you are not prepared. If you wish to get married or are already in wedlock, a formal marital agreement with your current or future spouse can protect your assets. Two of these agreements are called prenuptial and postnuptial agreements.

What Is the Purpose of Prenuptial and Postnuptial Agreements?

Post and prenuptial agreements are legally binding documents you can enter into with an existing or future spouse. The agreements allow couples to protect their assets and interests from uncertainties resulting from divorce or death. 

Without either agreement, the couple's assets are distributed as per Illinois laws. So drafting an agreement before or after marriage can protect you and your family from expenses and complex legal proceedings. 

When you are going through a divorce, the best case scenario is an amicable split in which both parties can work together and reach a mutually beneficial agreement. However, this is not always possible. As you consider your options, consider the following information about divorce litigation and mediation. 

Litigation vs. Mediation 

Irrespective of which path you choose, you and your spouse will face the same core issues: child support, alimony, allocation of parental responsibilities, parenting time, and asset division. The approach and process differ depending on the option you choose.

During the a divorce trial, both parties are on opposing sides. Each has a lawyer who presents their case and supporting evidence to convince the judge to rule in their favor. The ruling is left to the judge, which is final unless it is appealed. It should be noted that few divorce cases make it to trial. In most cases, the parties are able to reach a settlement during the litigation process. However, it is important to be prepared for this possibility. 

In case you are unaware, two distinct options exist for those going through a divorce who wish to avoid traditional litigation. These two options are collaborative law and mediation. Each has its unique features and benefits. However, they are often misunderstood and thought to be the same thing. Today, we will discuss the essential differences between collaborative law and mediation to give you a better idea of what each process is like and when such processes may benefit a couple getting divorced.

If you are interested in pursuing collaborative law or mediation, consult an experienced attorney who can help you start the process while ensuring your rights are safeguarded.

Mediation

Mediation is a form of dispute resolution in which a neutral third party, referred to as the mediator, helps parties in a dispute reach a mutually acceptable agreement. The mediator does not make decisions or impose solutions but facilitates communication and negotiation between the parties. Mediation is often less formal and less expensive than traditional litigation, allowing parties more control over the outcome of their dispute. Mediation can resolve various disputes, including family law matters, employment disputes, and business disputes.

Getting a divorce can put someone under a lot of pressure. This can cause stress and challenges in their day-to-day lives, especially when a child is involved. Children can also be deeply affected by divorce. A child may see a divorce as their family breaking apart, which can be extremely difficult, especially if the child is young. It is in the parent's best interest to look out for their child by deciding on a parenting agreement. This way, they can help ensure their child's divorce transition is as smooth as possible. 

What is a Parenting Agreement? 

A parenting agreement or parenting plan is a written agreement that both parents have agreed upon that allocates decision-making responsibilities and parenting time. The parenting plan can be submitted by each party or jointly. Once submitted, the court will look the plan over and consider it for approval. If the parents cannot agree on a parenting plan, the court may require the parents to attend mediation. During mediation, the parents will work with a mediator to discuss any disagreements, explore possible solutions, and work toward an agreement. 

What Happens If A Spouse Fails To Meet The Parenting Agreement 

If parents find that their parenting plan is no longer feasible, they can petition the court for a modification. However, there are rules regarding when and how a parenting plan may be modified.

Planning a divorce can be an extremely taxing and challenging task to do by yourself. It is, unfortunately, extremely common for people to make mistakes during the divorce process that lead to additional stress and avoidable financial loss. An experienced divorce lawyer can help you take the steps needed to make your divorce process as smooth and error-free as possible. Listed below are a few things to avoid when planning a divorce. 

Do Not Hide Assets or Lie About Income and Finances 

During a divorce, the parties must provide full financial disclosure. During a divorce, the parties must provide full financial disclosure. This includes providing a clear and honest accounting of all their assets and liabilities. Hiding or lying about assets is considered fraud, which can result in serious consequences both during the divorce process as well as after it is completed. A qualified divorce attorney can help you understand your obligations under Illinois state law and make sure that you are not making any mistakes while disclosing your financial situation.

Do Not Get Your Children Involved

Bad-mouthing a parent to your child will almost always backfire. Divorce is between the two parents and should be treated as such. One of the most critical elements to focus on while planning to divorce with children involved should be to seek out the absolute best interest for them. If a judge discovers that a parent has been bad-mouthing to the point of parental alienation, this could influence the court’s decisions regarding the allocation of parental responsibilities and parenting time.