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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Divorce Litigation or Settlement?

Burr Ridge Divorce Litigation and Settlement Attorneys

Elmhurst Divorce Attorneys Serving DuPage County

When you are faced with the possibility of a divorce, you will almost certainly have many questions. Some of them will undoubtedly pertain to the practical considerations of your case, such as where you will live, who will get which assets, and how parental responsibilities will be divided. You may also have questions about the process itself, including whether you will need to go to court, how long it will take to get divorced, and how much it will cost.

At Wakenight & Associates, P.C., our attorneys understand that most of the variables associated with divorce depend on the approach that you choose to take. For some couples, it is possible to reach an amicable settlement that streamlines the process and limits costs. For others, however, courtroom litigation is simply unavoidable.

Advantages of a Settlement

According to current estimates, more than 90 percent of all divorce cases are resolved through a settlement before going to trial. This makes sense for a number of reasons. First, a settlement is the preferred outcome for most family law situations because it allows the case to be finalized much faster than one that requires litigation. Typical timeframes vary depending on the county, but a litigated divorce can take up to a year or longer to finalize, while settlement can be approved in just a few weeks.

A divorce settlement is also beneficial because both parties are a part of the resolution process. Each spouse has the chance to be heard and offer input into the final agreement. Studies suggest that this also makes both parties more likely to comply with the terms of the settlement in the future.

Finally, there is the matter of cost savings. Many of the expenses associated with a divorce are related to disputes and disagreements. For example, every petition or response incurs filing fees, and outside experts cost money as well. Every hour that your attorney spends working on your case is usually billable too—with rates often going up for time spent in court. The settlement process allows you to use your attorney's time wisely so that you can get the most out of every dollar you spend.

Litigation May Be Necessary

At Wakenight & Associates, P.C., we prefer to help our clients negotiate a divorce settlement whenever possible. However, we realize litigation may be necessary in some cases. For example, if your spouse has exhibited abusive behaviors and could present a danger to you or your children, litigation is likely to be your best option. Litigation may also be needed if your spouse is making unreasonable demands and refusing to negotiate in good faith.

With more than 95 years of combined family law experience, our lawyers will work with you in analyzing the circumstances of your divorce. We will help you determine if pursuing a settlement is reasonable or if you should start preparing for litigation. In either case, our attorneys will remain at your side and assist you in obtaining a favorable outcome.

Schedule a Free Consultation Today

If you are considering a divorce, contact our office for skilled guidance and responsible representation. Call 630-852-9700 to schedule a free, no-obligation consultation at any of our three locations. Our firm serves clients in Elmhurst, Oak Brook, Addison, Villa Park, La Grange, Lombard, Hinsdale, Burr Ridge, Wood Dale, Kane County, DuPage County, and the surrounding areas.

  • Elite Lawyer
  • American Bar Association
  • Better Business Association
  • Illinois State Bar Association
  • West Suburban Bar Association
  • Northwest Suburban Bar Association
  • Will County Bar Association
  • DuPage County Bar Association
  • Lake County Bar Association
  • Kane County Bar Association




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