Negotiated Divorce in Illinois

February 25, 2025

When an uncontested divorce isn’t possible, but you still want to avoid a contentious courtroom battle, a negotiated divorce offers a middle ground. In a negotiated divorce, you and your spouse each have your own attorney who advocates for your interests and helps you negotiate a settlement that addresses key divorce-related issues.

 

Benefits of a Negotiated Divorce in Illinois

  • Less Adversarial: While still involving attorneys, the focus is on finding solutions that work for both parties, rather than engaging in a win-lose court battle.

 

  • More Control: You and your spouse retain control over the outcome, crafting an agreement that meets your specific needs and priorities.

 

  • Cost-Effective: Compared to litigation, a negotiated divorce can save you significant money on attorney fees and court costs.

 

  • Faster Resolution: Negotiated settlements typically take less time than litigated cases, allowing you to move forward with your life sooner.

 

  • Privacy: Negotiations occur outside of court, maintaining a level of privacy that litigation doesn’t offer.

The Role of Mediation in a Negotiated Divorce

Mediation can be a valuable tool during a negotiated divorce, even if you both have attorneys. A mediator can:

  • Facilitate Communication: Help you and your spouse communicate more effectively and overcome impasses.

 

  • Explore Options: Guide you in brainstorming creative solutions that you might not have considered on your own.

 

  • Reduce Tension: Create a neutral environment where you can discuss sensitive issues more calmly.

Is a Negotiated Divorce Right for You?

A negotiated divorce might be a good fit if you and your spouse:

  1. Are willing to negotiate and compromise
  2. Want to avoid the stress and expense of a trial
  3. Have some disagreements but are open to finding mutually agreeable solutions

 

Approximate Costs And Timeline of a Negotiated Divorce

  • Attorney Fees: $5,000 – $15,000+ (depending on complexity and attorney’s rates). I handle these and bill hourly.
  • Court Filing Fees: Vary by county (typically around $300-$500+)
  • Mediation Fees: $100-$300 per hour (if used)
  • Additional Fees: Varies by case. Common additional expenses include property appraisals, quit claim deeds and pension divisions
  • 4-12 months (depending on the complexity of the issues and the parties’ willingness to compromise)

 

Need Help with Your Negotiated Divorce in Illinois?

If you’re considering a negotiated divorce in the Metro East (St. Clair County, Madison County, and surrounding areas), I can help. I’ll advocate for your interests, guide you through negotiations, and work to achieve a fair and reasonable settlement. Call me or set up a consultation to see if I can use my 20+ years of experience to help you through your divorce.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal or tax advice. If you need legal advice, you should hire an attorney licensed in your jurisdiction.