Normally, a divorce is a single judgment that not only dissolves the parties' marriage but also resolves all outstanding issues, such as division of property and establishing child support. A contested divorce can take several months or years to resolve, but there are some situations where one party may need to expedite the process. Illinois courts, therefore, have the discretion to split–or bifurcate–a divorce into separate proceedings if the judge finds there are “appropriate circumstances.” With bifurcation, a court can immediately divorce the parties while reserving other issues until a later date.

Court Permits Bifurcated Divorce to Terminally Ill Man

A recent Illinois case illustrates how bifurcation works in practice. In this case, a couple married for over 20 years “stopped acting as husband and wife,” according to court records, although they continued to reside in the same house. For approximately seven years afterward, the husband was in a romantic relationship with another woman. Eventually, the husband started living with his girlfriend.

It is not unusual for spouses to argue about child visitation rights as part of a divorce settlement. But what about pets? After all, many couples consider their dogs, cats, and other animals to be “members of the family.” It stands to reason, then, that custody of pets, including visitation rights, could be a matter for a divorce court to resolve.

Canadian Judge Says Dogs Are the Not the Same as Children

Unfortunately for animal lovers, that is not how the law works in most places. A judge in the Canadian province of Saskatchewan was recently asked to award custody of two dogs in a contested divorce. The husband offered to split custody—each spouse would take one—but the wife wanted to keep both.

In an Illinois divorce, the general rule is that all property acquired by either spouse during their marriage is considered “marital” property and therefore subject to equitable division. With very limited exceptions, it does not matter how the property was acquired or titled. Unless there is a specific arrangement between the parties (such as a prenuptial agreement), a court will look to when the property was acquired to decide whether it is, in fact, marital property.

Wrongfully Convicted Man Ordered to Share Settlement With Ex-Wife

Sometimes, figuring out “when” certain property was acquired is not obvious. For instance, an Illinois appeals court recently had to decide whether the proceeds of a lawsuit settlement constituted marital property. Normally, any type of personal injury claim that arises during a marriage is considered marital property. In this case, however, the facts giving rise to the lawsuit actually predated the marriage.

If you are considering divorce mediation or anticipate being ordered to attend mediation during your divorce proceedings, you may have questions about exactly how mediation is structured. Your experienced divorce attorney in DuPage County can explain the entire mediation process and how it may impact your divorce.

How is a Divorce Mediator Chosen?

In Illinois, either the parties may select a court-approved mediator from a list provided by the court, or the judge can choose the mediator if the parties are not able to reach an agreement. In either situation, the mediator must be adequately trained and certified by the court.

Choosing the right mediator for your divorce mediation can be a crucial factor in whether your mediation is ultimately successful. If you are going through a divorce or considering mediation, your family law attorney in DuPage County can advise you regarding whether mediation could benefit your case, and what considerations are important when choosing a mediator.

Who Selects the Mediator?

Either the parties or the court can select your divorce mediator, and the choice may depend on whether the mediation is voluntary or court-ordered. It is also common for the court to give parties the opportunity to agree upon a mediator of their own choosing (from a list of court-approved mediators), and to only assign a particular mediator if the parties cannot reach an agreement.