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St. Charles Marital Settlement Agreement Lawyers

St. Charles Marital Settlement Agreement Lawyers

St. Charles Marital Settlement Agreement Lawyers for Clients in Illinois

During the legal process of divorce in Illinois, every couple must develop a marital settlement agreement (MSA) that:

  • Spells out the division of marital property and debts, including disposition of the marital home.
  • Defines the amount and duration of any maintenance payments to be made by one spouse to the other, also commonly known as spousal support or alimony.
  • May provide for sole or joint ownership of the family's pets.

If you have children, you must also come to an agreement with your spouse on child support and a parenting plan, also known as an allocation judgment of parental responsibilities and parenting time.

Development of the MSA typically requires at least one settlement conference. A settlement conference can take the form of an informal meeting that includes you, your spouse, and your respective attorneys, a mediation, or a more formal conference involving a judge which is termed a judicial settlement conference.

At Weiler & Associates, Inc., we believe that preparation is the key to a successful settlement conference. We will take the time to learn all the facts of your case and to understand your personal goals to ensure that we represent your interests to the best of our ability. We will work with you to develop a negotiation strategy to achieve your desired outcomes, including points where you are willing to make concessions.

Informal Settlement Conferences in St. Charles

Most divorces are settled through informal conferences between the parties. Before scheduling a settlement conference, you will want to have a complete list of your assets and an idea of which assets you want to keep in the divorce. In addition, if you want to receive maintenance payments or if you want to take more than half of the marital property, you should have arguments prepared as to why this is fair. For example, if you have been a stay-at-home parent, you may need extra money to update your skills in order to return to full-time work.

We recommend the CONTROL strategy to help keep divorce negotiations on track:

Can we agree on …?

Our position on that issue is …

Now let's discuss contested issues.

Tell me your position; here is ours.

Reach for a compromise.

Offer to concede on one point in exchange for a concession on another point.

List the agreements point by point to confirm acceptance.

If you and your spouse are very far apart, or if your marital estate is large and complicated, it may take more than one settlement conference to finalize all the details of your divorce. At the end of your first conference, at a minimum, we would like to be able to say, "We have made significant progress here. Let us take a break and reconvene on these remaining matters."

After several conferences, if it appears that you and your spouse are still far from reaching an agreement, we may recommend taking your case to trial.

Judicial Settlement Conferences in Kane County

If we are unable to reach agreement on all matters pertaining to your divorce through informal negotiations, the judge on your case will typically order a judicial settlement conference before taking the more drastic step of holding a trial.

The objective of a judicial settlement conference is to avoid the cost of a trial-in time, dollars, and the emotional toll it takes on you. In Kane County, both spouses and attorneys will attend this conference with the judge. The judge will ask questions to understand the areas in dispute and suggest resolutions that you can choose to accept or reject. Hearing the judge's point of view on these issues may encourage a hold-out spouse to concede on certain points so that you can conclude your settlement negotiations.

Achieve a Fair and Equitable Divorce Settlement

The attorneys of Weiler & Associates, Inc. will ensure that you are fully prepared for each settlement conference and will work strategically to help you achieve your personal goals in your divorce. Contact us at 630-331-9110. We serve clients in St. Charles, Geneva, and neighboring communities in Kane County.

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