By the time you or your ex files for divorce, the relationship likely cannot be repaired. With that in mind, you will save yourself considerable expense and stress if you can come to an agreement about the disposition of any property owned by either you or your ex, maintenance of you or your ex, and custody and visitation of your children.
Coming to an agreement not only will cost you less money and stress, but you will be able to personally decide what happens to your property and your children. The alternative is to have the judge, someone who doesn’t know you or your family, decide for you how your property will be divided and what your relationship with your children will be like.
Coming to an agreement is the best way to decide your own future. In Illinois, under Section 502(b) of the Illinois Marriage and Dissolution of Marriage Act, the court is bound by your agreement unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable. This is a high standard and the court is unlikely to find an agreement unconscionable.
To ensure that you get the best possible outcome in your case, I recommend your obtain an attorney working in this area to help you.
Andrew Hawes
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