Is There a Way to Ensure the Court is Fair During My Divorce?

 Posted on August 21, 2024 in Divorce

Through a stressful process like divorce, many individuals worry about the fairness of the court’s decisions. Luckily, there are proactive steps you can take to help ensure that the divorce proceedings are fair and equitable. Regardless of the specifics involved in your divorce, hire an attorney to represent you through these proceedings. Failing to hire a lawyer will increase the chance of a divorce settlement that is unfair to you.

The Advantage of Filing for Divorce First

If you find yourself headed for divorce, consider filing first. This strategic move can help frame the issues for the court and outline your perspectives regarding asset division, custody arrangements, and more. By establishing your position early in the process, you can set the tone for negotiations and potentially influence the court’s view of the case.

Filing first may also provide you with the opportunity to present your arguments to the judge, potentially leading to a more favorable interpretation of your needs and wishes.

Mediation Offers a Pathway to Fair Settlement

Mediation, a popular alternative dispute resolution process, can significantly enhance the fairness of divorce proceedings. In mediation, both parties work with a neutral third party – the mediator – to discuss their issues and negotiate a settlement outside of court. This process, which depends heavily on communication and mutual respect, helps allow both spouses to express their concerns and priorities.

By creating a collaborative environment, mediation can help couples reach a fair settlement that reflects their shared interests, especially regarding asset division and child custody. Not only can this help reduce animosity, but it can potentially also help create more satisfactory outcomes since both parties have an active role in crafting the terms of their divorce agreement.

Your Children’s Needs Must Come First

In any divorce proceedings, especially when children are involved, keeping your focus on their needs is extremely important. By emphasizing your willingness to cooperate and maintain a stable and healthy environment for your children, you can help create a sense of fairness and clarity in the proceedings.

Do your best to remove personal conflicts from the discussion and instead highlight shared parental goals in raising your children. This focus not only helps your children but also helps promote a fairer settlement and a healthier post-divorce co-parenting relationship.

Contact Our DuPage County, IL Divorce Lawyers for Help Today

There are no surefire ways to guarantee you will feel your divorce settlement is fair. However, you can dramatically increase the probability of fair proceedings by taking proactive actions. This begins with hiring a qualified attorney.

Contact the Wheaton, IL divorce attorneys at The Stogsdill Law Firm, P.C. for robust legal guidance throughout your divorce proceedings. Call 630-462-9500 to schedule a confidential consultation.