Why Illinois Law Promotes Settlement in Divorce Cases

It is Illinois public policy to promote amicable settlement of disputes in divorce cases. There are many reasons for this. Two primary reasons are 1) settlement is much more efficient than trial, and 2) divorcing spouses are in the best position to resolve disputes that impact their daily lives (instead of a detached judge). In light of this, Illinois law attempts to promote settlement. Examples include:

• Illinois is a “no fault” state and the distribution of property is to be made without regard to marital misconduct.
• Agreements except those regarding child support, maintenance and parental responsibility allocation are binding on the court unless it finds that the terms are unconscionable. 
• To protect sensitive information, settlement agreements do not need to be in the judgment but must be incorporated into the judgment by reference.
• The terms of an agreement are enforceable by all remedies for enforcement as a judgment, including contempt, and are enforceable as contract terms.
• Property provisions of an agreement are never modifiable, and terms involving child support, maintenance, and parental responsibility allocation of children are only modifiable upon a showing of a substantial change in circumstances.  

Although settlement may be desired, parties need to be prepared to go to trial if settlement cannot be reached. Consequently, divorce attorneys need to be skilled negotiators and trial attorneys. The Botti Law Firm, P.C. has been practicing family law for nearly 50 years in DuPage and Cook County.  Please contact one of our attorneys at (630)573-8585 if you have any questions or would like to schedule a free consultation.