Several states are considering various pieces of legislation, according to the Christian Science Monitor, including a Massachusetts "father's rights" bill seeking to create the presumption of joint custody. Other states are mulling laws that would limit the duration of alimony payments.
And yet, as Chicago family law attorneys also would point out, the article highlights three fundamental problems unlikely to be addressed by new legislation that usually cause the most tension for families going through divorce:
- Litigation costs of child custody and alimony disputes
- Deferring control of child care and financial decisions to the courts
- Extra stress placed on the children as a result of the antagonism caused by litigation
You're usually best off with the assistance of a top-notch divorce attorney in Chicago, but the article suggests ways to avoid a costly and potentially damaging trial. Its main recommendation is to seek alternative forms of dispute resolution, which includes mediation and arbitration.
The court determines a parenting schedule based on what it believes are the best interests of the child. But the article describes the courtroom confrontation as a "blunt, expensive and often ineffective instrument" for resolving such disputes.
Similarly, alimony still is based on the often-subjective metrics of the couple's standard of living before the divorce and a spouse's ability to hold down a decent job.
Unfortunately, litigation tends to fuels our desire to "win" at all costs. Aside from the notion that children usually suffer from protracted divorce court battles, new research in neuroscience concludes that humans are hard-wired to enjoy the process of winning.
Author David A. Hoffman, an attorney and arbitrator at Boston Law Collaborative LLC, also pointed out that legal fees are roughly 10-times higher for litigated cases than for divorces settled through mediation.
Related Resources:
- Divorce and Out-of-Court Proceedings: Alternative Dispute Resolution (FindLaw)
- Contact an Illinois Family Lawyer (FindLaw)
- The Gosselin Divorce: Is Arbitration Good For You? (FindLaw Law & Daily Life Blog)
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