Peoria Divorce Mediation Services
Going through a divorce is one of the most stressful events in life. However, ending your marriage does not mean you have to fight a long, expensive battle in a courtroom. For many couples in Peoria, IL, divorce mediation offers a peaceful and dignified alternative. It allows you to maintain control over your future rather than leaving decisions up to a judge.
At Sullivan’s & Shick, we help couples resolve their differences amicably. Our goal is to guide you through the process efficiently so you can move forward with your life. Whether you need to settle child custody disputes or divide complex property, mediation can save you time, money, and emotional energy.
Is Divorce Mediation Right for You?
Divorce mediation is a voluntary process where you and your spouse meet with a neutral professional to negotiate the terms of your divorce. Unlike litigation, where attorneys often fight to “win,” mediation focuses on cooperation. It is designed to find solutions that work for both parties.
Mediation is generally a good fit if:
- You want to save money on legal fees.
- You want to resolve your divorce quickly.
- You and your spouse are willing to communicate and compromise.
- You want to keep the details of your divorce private.
- You want to minimize the emotional impact on your children.
However, mediation may not be suitable for everyone. If there is a history of domestic violence or a significant power imbalance where one spouse cannot speak freely, the court may consider these “impediments to mediation.” In such cases, traditional legal representation may be necessary for your safety and protection.
What is a Mediator’s Role?
A mediator is a neutral third-party mediator. They do not act as a judge, and they do not make decisions for you. Instead, their job is to facilitate productive conversation.
The mediator helps you identify the issues that need to be resolved, explains the legal framework in Illinois, and suggests options for settlement. It is important to note that a mediator cannot give legal advice to either individual. They remain impartial throughout the process to ensure fairness.
The Mediation Process Step-by-Step
Understanding the process can help reduce anxiety. Here is what you can typically expect during family law mediation in Peoria:
- Initial Consultation: You meet with the mediator to explain your situation and determine if mediation is appropriate for your case.
- Information Gathering: Both spouses provide financial documents and other necessary information.
- Mediation Sessions: You attend joint sessions to discuss issues like parenting time, assets, and debts. The number of sessions depends on how many issues you need to resolve.
- Drafting the Agreement: Once you reach an agreement, the mediator drafts a “Marital Settlement Agreement” (MSA) and, if applicable, a parenting plan.
- Review and Finalize: You are encouraged to have your own attorney review the documents. Once signed, the agreement is filed with the court to finalize the divorce.
Benefits of Choosing Mediation
Choosing mediation over a courtroom trial offers several distinct advantages:
- Cost Savings: Mediation is usually much less expensive than hiring two separate litigation attorneys to fight in court.
- Control: You decide the outcome, not a judge who doesn’t know your family.
- Confidentiality: Mediation sessions are private. Unlike court trials, your arguments do not become a matter of public record.
- Better for Children: By reducing conflict between parents, mediation helps protect children from the trauma of a bitter divorce.
Sullivan Shick
Handling Child Custody and Support
One of the most critical aspects of divorce is determining the future of your children. In Illinois, the courts use terms like “parenting time” (formerly visitation) and “parental decision making” (formerly custody).
Mediation is highly effective for resolving child custody disputes. It allows parents to create a custom parenting plan that fits their specific schedules and the children’s needs. The 10th Judicial Circuit Court in Peoria often requires parents to attempt mediation to resolve custody issues before a judge will hear the case. This ensures that decisions regarding the children are made by the people who know them best—their parents.
Dividing Assets and Debts
Illinois is an “equitable distribution” state. This means property is divided fairly, though not always exactly 50/50. During mediation, you will work through property division including:
- Real estate and the family home
- Retirement accounts and pensions
- Vehicles and personal property
- Credit card debt and loans
The mediator helps you look at the full financial picture to reach a settlement that allows both parties to be financially independent moving forward.
Peoria Court Requirements
If you are filing for divorce in Peoria, you fall under the jurisdiction of the 10th Judicial Circuit Court. The local court has specific rules regarding family law mediation.
If you and your spouse cannot agree on parenting issues, the court has the power to order you to mediation. You may be required to choose a professional from the court’s Approved Mediators List. These mediators have met specific training and experience requirements set by the state. Complying with these local court requirements is essential for your case to proceed smoothly.
Costs and Timeline
While every case is unique, mediation is almost always faster than litigation. A litigated divorce can drag on for a year or more due to court schedules. In contrast, mediation can often be completed in a few months, depending on your availability and willingness to compromise.
Because the process is faster and requires fewer billable hours from attorneys, the total cost is significantly lower. You generally share the cost of one mediator rather than paying retainers for two separate litigation lawyers to fight in court.
When Mediation Fails - Next Steps
While mediation has a high success rate, it does not work in every single case. If you and your spouse cannot reach an agreement on all issues, you have not lost your rights. You can still proceed to court to have a judge decide the remaining issues.
Often, couples can agree on some items (like the parenting plan) but not others (like alimony). In this scenario, you can sign a partial agreement and only litigate the specific unresolved issues. This still saves time and money compared to litigating the entire divorce.
Frequently Asked Questions
Divorce mediation is a process where a neutral third party helps divorcing couples in Peoria negotiate a settlement regarding property, custody, and support outside of court.
The timeline varies based on the complexity of your assets and your willingness to compromise. However, it is typically much faster than litigation and is often completed within a few months.
Mediation is generally much more affordable. You share the cost of one professional mediator, avoiding the high legal fees associated with a prolonged court battle.
While not required to attend sessions, it is highly recommended that you have a consulting attorney review any agreements before you sign them to ensure your rights are protected.
Yes. Mediation is excellent for creating parenting plans. In fact, the 10th Judicial Circuit Court often mandates mediation for unresolved custody or visitation disputes.
If you cannot reach an agreement, you can terminate the mediation and proceed to court litigation where a judge will make the final decisions.
The Peoria courts (10th Judicial Circuit) typically require mediation specifically for issues regarding parental decision-making and parenting time if the parents cannot agree on their own.
A mediator should be trained in family law and conflict resolution. For court-ordered mediation, they must be on the 10th Judicial Circuit’s Approved Mediators List.
You will need financial documents such as tax returns, pay stubs, bank statements, mortgage information, and details regarding debts and retirement accounts.
The discussions during mediation are not binding. However, once you sign a Marital Settlement Agreement and it is approved by the judge, it becomes a legally binding court order.
Conclusion
Divorce marks the end of a chapter, but it also marks the beginning of a new one. By choosing mediation, you are choosing a path of dignity, cooperation, and control. You can resolve your differences without the destruction of a courtroom battle.
If you are ready to explore a more peaceful way to untie the knot in Peoria, IL, we are here to help. Contact Sullivan’s & Shick today to learn more about our mediation services and how we can assist you in moving forward.
CONTACT US
(480) 284-2644
(623) 915-0944