Most Illinois couples who are ready to end their marriages do not want it to drag on for months or years. They want to get through the divorce process as quickly as possible, so they decide to try to negotiate a settlement. Unfortunately, with all of the emotions the parties are going through, they may wonder whether it would be better to just go to court.
One factor that usually keeps people from doing that is the cost. Going to court adds a lot of additional expenses. Moreover, going to court pits the parties against each other since it is an adversarial process. This would more than likely increase the stress the parties are already under due to the circumstances.
Negotiating also allows the parties to retain more control over the outcome. They can design their own settlement and come up with solutions that make more sense for their family. If they go to court, they lose that control, which is yet another reason why the process can be so stressful. Letting someone the parties do not know take control over their future may not necessarily feel like the best option, but that is what the courts are there for, and it may provide the best outcome.
Making the decision whether to keep trying to negotiate a settlement or turning over the decision-making to the court is not an easy one. It may help to review the situation with an Illinois attorney experienced in divorce. It may be possible to find another alternative to avoid going to court. For instance, mediation could provide the structure a couple needs in order finish their negotiations and come to an agreement.