The entire divorce process, both formal and informal, is oriented towards settlement. Typically, five specific issues are discussed during divorce mediation and then integrated into the MSA and educational plan. These themes are often presented with the acronym P.E.A.C.E. and explained: Parenting, Equitable Distribution, Alimony, Child Support and Everything Else. The education plan is discussed here and HERE. This article focuses on the Fair Distribution, Alimony, Family Allowances, and everything else sections of your marriage agreement. Neither spouse should sign an agreement with which they do not feel comfortable. Negotiations should continue until both parties are reasonably satisfied with the results achieved. Keep in mind, however, that delaying negotiations to punish your ex-partner won`t work in your favor. Each party can be released from negotiations at any time and seize its chances in court. If you want to settle down, you have to be willing to negotiate and compromise. A divorce court in Illinois allows you almost anything. As long as the agreement is not “ruthless”, “the interpretation of a matrimonial agreement is a matter of contractual construction.
In re Marriage of Hulstrom, 342 ill.App.3d 262, 269, 276 ill. dec. 730, 794 N.E.2d 980 (2003) As such, the courts attempt to give effect to the will of the parties. Hulstrom, 342 Fig.App.3d at 269, 276 ill. Dec. 730, 794 N.E.2d 980. The language used in the marriage contract in general is the best indication of the intention of the parties (In re Marriage of Hahn, 324 Ill.App.3d 44, 46, 257 ill. Dec.
Sometimes both spouses simply cannot agree to any of the conditions. In this situation, the case is taken to court and a judge makes a decision on the outstanding issues. This kind of situation can be quite expensive and is unfavorable, because the whole situation is in the hands of the judge. Much better results can be achieved outside of court if both spouses can find common ground. Can a divorce be granted without a settlement agreement? Real estate issues can get complicated. Talk to a lawyer for help with these forms and any questions you may have….