Negotiation vs. Litigation Strategies in a Divorce

 Posted on November 21, 2025 in Divorce

Every divorce presents differently. Depending on the amount of conflict between you and your spouse, you might be able to settle outside of court, or you might have to proceed to litigation to reach a fair outcome. In any case, working with an attorney who is skilled in both negotiation and litigation is highly advisable for protecting your interests.

At Law Offices of Tedone and Morton, P.C., we have years of experience representing clients in contested divorce cases. Our Joliet, IL family law attorneys will adapt our approach to your specific case, focusing on saving you money while advocating for your needs. We have real trial experience, so you can trust us to stand up for your rights in front of a judge if needed.

Negotiating With Your Spouse in Your Divorce

If you and your spouse are willing to work together to reach a mutually agreeable resolution, it will make the divorce process much more productive. Whether you are negotiating for marital property, spousal support, or another issue in the dissolution of your marriage, consider these strategies:

• Be willing to compromise on certain fronts to avoid needless arguments

• Avoid personal attacks or making decisions based on heated emotions in the moment

• Take a thorough inventory of all marital assets and liabilities

A divorce attorney can represent you in negotiations with your spouse outside of court, keeping you informed of your rights and reviewing any proposed settlement to make sure that it is fair to you.

Is Litigation Necessary in Your Divorce?

Most divorces can be settled outside of court without the need for litigation. Reaching a settlement is often ideal, since litigation often demands more time and money out of both parties. That being said, there are some situations where litigation is the only way forward, especially in troubled divorces involving high conflict or allegations of misconduct.

If your divorce escalates to trial, seeking legal representation is imperative. The judge will make decisions about property division, spousal support, and child custody based on pre-established legislation, so you need an advocate with a deep understanding of Illinois divorce law to make a compelling argument on your behalf.

Alternatives to Litigation in a Divorce

Even if you and your spouse cannot see eye-to-eye during negotiations, there are other avenues to avoid the stresses of a full divorce trial. Mediation is one potential alternative, and in many cases, spouses are ordered to attend mediation before returning to court (710 ILCS 35/3).

As a form of dispute resolution, mediation involves negotiating with your spouse with the help of a neutral third party. This third party – known as the mediator – can help you and your spouse find common ground, while proposing solutions for any points of contention. Our firm can help prepare you for mediation, making sure you know how to advocate for yourself in the meeting.

Contact a Will County, IL Divorce Lawyer

If you are going through a divorce, an attorney can provide you with critical support to protect your future. To schedule a free consultation with Law Offices of Tedone and Morton, P.C., call us at 815-666-1285 or contact our Joliet, IL family law attorneys online.