Schaffer Family Law

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Might conciliation be ordered and hold up my divorce?

| Oct 11, 2018 | divorce, firm news |

Often, Illinois couples who have decided that their marriage is no longer working and they want to get a divorce will want to get it over with as quickly as possible. Both sides might prefer to just move on with their lives as they have determined that a divorce is the preferable course of action. However, not every case is that simple and the person who seeks the divorce could meet with resistance from the respondent, who would like to try and save the marriage. This is where it might lead to the requirement that conciliation be considered before the divorce is granted.

Understanding the law for conciliation is key to a case. The court can determine that the marriage can be saved, or if one of the parties wants to try and save the marriage, there can be an order for a conciliation conference. This will be done in the judicial district where the case is being held or another facility if there is not a court conciliation service available. Even if the spouse who is seeking the divorce does not believe the marriage can be saved, the order for a conciliation conference will likely make it necessary to take part. It does not mean that the divorce will not be granted.

When the conciliation conference is held, any facts that are cited as evidence will not be considered when the case is adjudicated. When there is a report from the conciliation conference, this will not be made part of the record unless there is a stipulation from the parties that it should be so. The court has the right to prevent there being a conciliation conference where the parties are to meet without them conferring with a legal professional.

Emotional issues are prevalent in any divorce and not all cases are as simple as the parties parting ways with amicable resolutions. Should one party decide that they do not want to divorce and they believe there is hope to save the marriage or the court decides that there is evidence that the marriage can be salvaged, a conciliation conference could be ordered. For help in dealing with this situation or any other matter that can arise in an Illinois divorce, a law firm that specializes in family law should be called immediately.