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Michael's Mediation, LLC

Michael's Mediation, LLCMichael's Mediation, LLCMichael's Mediation, LLC

(224) 544-9990

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    • About Michael
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(224) 544-9990

Michael's Mediation, LLC

Michael's Mediation, LLCMichael's Mediation, LLCMichael's Mediation, LLC
  • Home
  • About Michael
  • Guides
    • Pre-Divorce Advice
    • Divorce Types
    • Divorce Mediation
    • Mediation vs. Litigation
    • A Tale Of Two Divorces
    • Co-Parenting Mediation
    • Healthiest Divorce
  • Services
  • Reviews
  • Blog
  • Contact

Pre-Divorce Advice

Should I Get a Divorce? Not Before Reading This…

Marriage, a bond based on love and commitment, can sometimes encounter significant difficulties that lead to consideration of separation. Deciding to continue or end the marriage is one of the most difficult and life-changing choices a person can make. 

Hi, I'm Michael Cohen, a highly experienced divorce mediator from Lake Forest. With 34 years of expertise in bringing people together during challenging situations in Chicago, I've counseled and mediated countless clients dealing with this exact issue, and I know firsthand just how agonizing and complex it can be.

My initial advice to anyone contemplating “Should I get divorced” is this: Don't make any rash decisions, and really take the time for some honest self-reflection. People sometimes rush into divorce proceedings too often, only to deeply regret it down the line when the emotional dust has settled. Divorce has significant ramifications - both personal and legal - that simply can't be undone, and the process is challenging to stop once it is started.


The weight and complexity of the divorce decision.

Deciding to divorce is not just about signing papers and moving on. Many couples don't fully understand the challenges that arise. Custody, new living arrangements, property division, and finances are all part of the discussion - and these aren't easy topics.


The importance of thorough self-reflection before taking any step.

Divorce is not just the dissolution of a legal contract but also the severance of a significant emotional bond and, if you have children, a new structure for your family. Understanding your role, feelings, and desires can prevent regrettable decisions. Taking the time to weigh the emotional, financial, and practical implications ensures you make an informed decision about the right path to pursue. 


As painful or scary as it may seem, the benefit of self-reflection on your marriage provides you with perspective and insight that can serve as the foundation for whatever is to come next.


How this guide will help you before deciding on divorce?

I’ve created this guide to walk you through each step of the decision-making process. We’ll also look at professional support options and effective communication strategies. My goal is to help you make an informed decision that’s best for you and your family’s well-being. I’m a divorce mediator, but I’m not a fan of divorce if it can be avoided.

Table of Contents

  1. Evaluating Your Marriage
  2. Evaluating Yourself
  3. Potential Consequences of Divorce
  4. Professional Support and Alternatives Before Divorce
  5. Communication and Decision-Making
  6. Next Steps After Deciding


TL;DR - Conclusion & Way Forward

1. Evaluating Your Marriage

A marriage is a lifetime partnership. It's a process of learning, caring, and understanding that allows partners to feel fulfilled and grow in love.


We often check in on our finances and health, but do we really assess the strength of our marriage?


The first step is to take a hard look at the state of your marriage. Evaluating marriage involves looking at red and green flags. Reflecting on these signs helps determine if your marriage is truly over or if there's still hope for reconciliation.


  • Are you two just going through a rough patch, or are there deeper, more systemic issues at play?


Importance of Interpersonal Relationships


Your feelings about your marriage depend on your relationship with your partner. It includes how you ask for what you want, resolve differences, avoid conflict, express feelings, and discuss concerns.


Signs Your Marriage Shouldn’t Be Over


  • Love is a powerful reason to fight for your marriage. If, deep down, you still love your spouse, it's worth considering if the problems can be resolved with effort and support.
  • Your family's well-being can be a powerful motivator for resolving marital problems. If you believe that staying together is best for your family, you should consider all possible solutions before deciding to divorce.
  • If you have faith that both of you are willing to put in the effort to reconnect and overcome concerns, your marriage has a chance. Believing in the possibility of rekindling your love and rebuilding your marriage is a powerful reason to try.
  • Love changes over time. Children change the dynamics of a marriage and priorities. With age, priorities also change, and aspects of a marriage that were not most significant earlier in your relationship become more important as your family grows and you share joy over what you have created.


Signs That Your Marriage is at Risk


  • A lack of commitment, trust, and intimacy can make you feel like your marriage is crumbling. Trust can be extremely difficult to repair when broken by infidelity, dishonesty, or other factors. Intimacy is essential, both emotionally and physically. Without it, you may feel like roommates rather than partners.
  • Healthy communication is key to resolving conflicts and maintaining a strong bond. If every talk turns into an argument or if you're met with silence, it indicates that something is fundamentally wrong. A mean spouse or toxic atmosphere, defined by continual criticism, negativity, or anger, can make it impossible to feel safe and happy in your own home.
  • When your life goals and future ambitions are drastically different from your spouse's, it can be difficult to find common ground. This leads to constant disagreements and a sense of working against each other rather than as a team. Cooperation is important for overcoming life's obstacles together; without it, your marriage can suffer greatly.
  • If you find yourself making excuses to spend more time away from your spouse - at work, with friends, or alone - it's a red flag. Everyone needs personal space, but wanting to be away from your partner more often than not indicates a deeper problem in the relationship.
  • A lack of care and respect makes it difficult to maintain a healthy connection. Similarly, if the physical or emotional attraction has faded, the relationship may feel like it has lost its spark. These elements are essential for a fulfilling and loving marriage.

2. Evaluating Yourself

Whatever the reason for your thinking about a divorce and whether or not you intend to divorce, this period of your life can cause untold stress and pain. You may feel uncertain about the future, mournful over what’s happened, and depressed about the present. Fear not, all of them are strong and valid feelings. These need to be expressed to be able to move forward.


However, before reaching any conclusion, it's important to honestly assess your emotions and desires. You'll need to do your best to objectively evaluate yourself by:


Taking an Honest Look at Your Feelings


  • Love is a complex emotion that can evolve over time. Ask yourself: Do you still love your partner? Can you nurture and rekindle the foundational love you once had for your spouse?
  • Determine whether your desire for divorce is a thoughtful decision, an emotional reaction to a recent event, or persistent frustration. Are you truly ready, or are you just reacting emotionally?
  • What is your intent - to improve or to end the marriage? Are you seeking to end the marriage because you see no other alternative, or are you willing to work through the challenges in hopes of improving? Clarifying your intent will guide your next steps.


Realistic Introspection Questions to Ask Yourself


Am I being rational or emotional?

Reflect on whether your thoughts and feelings are based on rational assessments or heightened emotions. Usually, a rational approach leads to more stable and informed decisions.


Have I tried everything I could to improve my marriage?

This might include couples therapy, open communication, discernment counseling, and behavior changes. Ensuring you've tried everything helps prevent future regrets.


Am I ready to face all the consequences?

Divorce has significant consequences - emotionally, financially, and socially. Are you prepared to handle these changes and challenges? Thinking through the potential outcomes can help you decide if you're ready.


What about the children?

Reflect on how your decision might impact your children and whether you're ready to support them through the transition. Their well-being should be a major consideration in your decision-making process.


Will I truly be happier if I get divorced?

Think about your long-term happiness. Will ending the marriage truly make you happier, or are you hoping it will solve problems that might persist regardless of your relationship status? Think about what happiness looks like for you and if divorce aligns with that vision.


3. Potential Consequences of Divorce

Emotional Impact: Stages of Emotional Divorce

Divorce has positive and negative consequences for both parents and children. Apart from the benefits like escaping unhealthy relationships, gaining freedom and independence, creating room for personal growth, and providing a better environment for children in cases of high-conflict or abusive marriages, knowing the potential negative consequences can help prepare for the challenges ahead.


Divorce is often emotionally and psychologically taxing, leading to stages similar to grieving:


  • Denial: At first, you or your spouse may find it difficult to believe that the marriage is about to end.
  • Anger: Feelings of frustration and resentment may arise as the reality of the situation sets in.
  • Acceptance: Over time, you or your spouse might come to terms with the divorce and begin to move forward.


How will your spouse react to the news?

Reactions can vary widely. If the relationship has been under stress for a long time, a spouse might feel relieved, while others might feel shocked, betrayed, or devastated. Anticipating your spouse's reaction can help you approach the conversation with empathy and preparedness.


Practical Considerations

Once you open Pandora's box of divorce, it’s challenging to reverse paths, not to mention the financial and legal consequences of lengthy and expensive court fights if you can't negotiate a settlement.


Marital Home and Living Arrangements for Both Spouses

Options in deciding what to do with the marital home include one spouse buying out the other, selling and splitting the proceeds, or maintaining joint ownership until a later date. Living arrangements for both spouses must be considered, especially if children are involved.


Splitting Assets and Debts

Bank accounts, investment portfolios, retirement accounts, and any property jointly held are all examples of shared assets that must be divided fairly. Debts, including mortgages, loans, and credit card bills, must also be divided equitably.


Child Support and Spousal Support Assessment

Child support makes sure the children's financial needs are met. Spousal support, or alimony, may be necessary if one spouse is financially dependent on the other. A variety of factors, including the length of the marriage and each person's financial situation, determine the amount and duration of spousal support.


Health Insurance for a Non-Employed Spouse

If one spouse is reliant on the other for health insurance, divorce can complicate their coverage. It's important to look into alternative health insurance options, such as employer-sponsored plans, private insurance, or government programs, some of which can be very costly.


Living Arrangements and Child Custody

It’s important to determine the children's living arrangements while executing shared custody. Considerations include physical custody (where the children live) and legal custody (decision-making authority regarding the children’s welfare). Parents can also make a commitment to each other to co-parent their children, which requires healthy communication, flexibility, and support to minimize the negative impact of their divorce on their children.


Being a Single Parent

Transitioning to single parenthood can be challenging. It includes managing household responsibilities, providing emotional support to children, and balancing work and family life. Building a support network and seeking resources helps ease this transition, but it is never easy.


Effects on Children

Divorce can have a significant impact on children. Their reactions and adjustments can vary based on their age, personality, and the level of conflict between their parents. Some common effects include:


  • Children may experience emotional sensitivity, such as sadness, anger, or confusion.
  • Children may exhibit behavioral changes like acting out or regressing as they cope with the changes.
  • Divorce may affect children's academic performance, focus, and performance in school.
  • Children may isolate themselves from peers or struggle to adjust socially.
  • Children, when left with a broken home and heart, may experience a variety of effects during their relationships. Sometimes, this can lead them to avoid romantic relationships if they believe the outcome won't bring them happiness.
  • Depending on the dynamics of the divorce, children may alienate from one parent if they feel that parent caused the breakup of the family.


When possible, I always encourage my clients to pursue further counseling to ensure they have done everything they can to enhance their marriage. If they decide they have to divorce, alternative dispute resolution methods like mediation are the healthiest paths for both spouses and children.


When to Get Divorced?


Sometimes, however, divorce is the only possible path forward, particularly if the marriage has become toxic, abusive, or just a constant source of misery despite all efforts. Staying together "for the children" can often do more harm than good if the environment is broken beyond repair.


In such cases, I put my full heart, passion, and professional effort behind my client to ensure they divorce in an amicable way that is fair and that preserves their ability to co-parent their children in a healthy manner. But even then, I always stress the importance of handling it with wisdom, grace, and forethought for what comes after. Divorce is as much a beginning as it is an ending.


4. Professional Support and Alternatives Before Divorce

How To Know if Divorce is The Right Decision?

Before making the final decision to divorce, I always advise my clients to pursue counseling, either individually or as a couple. An outside perspective from a professional can sometimes help rekindle lost emotions or gain valuable insights to identify the best course of action for your specific situation.


Individual Therapy

Individual therapy provides a private and supportive space to discuss your feelings, thoughts, and concerns about your marriage. A therapist can help you gain clarity, improve your self-awareness, and develop coping strategies. Therapy can also address any personal issues that might be affecting your relationship, like past traumas or emotional patterns.


Marriage Counseling

Marriage counseling, also known as couples therapy, involves working with a therapist to address issues within the relationship. This type of counseling focuses on improving communication, resolving conflicts, and rebuilding trust. If both partners are willing to work on their relationship, it can be highly effective.


Discernment Counseling

Couples who are uncertain about whether to stay together or divorce can benefit from discernment counseling. It helps gain clarity and confidence about their relationship's future through this short-term counseling, which typically involves a combination of individual and joint sessions over a very finite period of time.


Trial Separation

A trial separation is when a couple lives apart for a set amount of time while still legally married. This time apart allows both to reflect on their relationship and decide whether to work on the marriage or proceed with a divorce. It helps couples experience the reality of living separately without making a permanent decision.


5. Communication and Decision-Making

Preparing Yourself for the Conversation

Before discussing “I want divorce” with your spouse, it's important to prepare yourself mentally and emotionally. This helps you approach the conversation with clarity and calmness. Steps to prepare:


  • Reflect on your intentions: Be clear about why you want to have this conversation. Are you seeking a resolution, expressing your feelings, or informing your spouse of your decision?
  • Outline key points: Think about the main points you want to discuss to keep the conversation focused and productive.
  • Consider potential reactions: Anticipate and plan how you'll respond to your spouse's emotions, such as anger, sadness, or denial.
  • Practice your speech: Rehearsing what you intend to say can make you feel more confident and less likely to get overwhelmed during the conversation. Approaching the conversation with empathy and respect minimizes conflict and builds understanding.


Constructive Dialogue Tips to Amend / How to Tell Your Spouse You Want a Divorce?


  • Choose the right time and place: Find a quiet, private setting where you can talk without interruptions.
  • Stay calm: Keep emotions in check and avoid raising your voice, even if the conversation becomes heated.
  • Use "I" statements: Express your feelings and experiences instead of blaming your spouse. For example, say "I feel unhappy because..." rather than "You never...".
  • Listen actively: Give your spouse the opportunity to speak and listen to their perspective without interrupting.
  • Avoid past grudges: Keep the conversation focused on the present issues rather than bringing up past conflicts.
  • Be honest but compassionate: Share your thoughts and feelings truthfully, but also be considerate of your spouse’s emotions.
  • Allow time for processing: Understand that your spouse may need space to process the information and respond.


Don't Be Afraid to Ask for Help


Divorce can be overwhelming, so it's important to seek support when needed. Talk to a trusted friend or family member, join a support group, or seek professional help from a therapist. Having someone to talk to can provide comfort and help you manage your emotions.


Legally Protect Yourself or Have a Safety Plan


If there's any history or risk of domestic violence, it's important to prioritize your safety. Identify a safe place to go, keep important documents and emergency contacts accessible, and have a plan for leaving quickly if necessary.


  • Consider getting a protective order or restraining order if you feel threatened.
  • For assistance with domestic violence, reach out to organizations or support hotlines.

6. Next Steps After Deciding

How Do I Get Divorced?

If you've decided to get a divorce, it's important to understand the different paths and choose the one that best suits your situation and your family’s needs. Here are the four broad divorce paths:



Pro Se Divorce

Pro Se Divorce means representing yourself in the divorce process without hiring an attorney. This option is usually suitable for newly married couples who have not yet combined their finances, purchased a home, or had children and who are in agreement on all major issues.


Pros:

  • It's cost-effective and saves a lot of money on attorney fees.
  • You have full control over the process.

Cons:

  • Navigating legal paperwork and procedures can be challenging without professional guidance.
  • A lack of legal expertise can lead to errors or omissions that might affect the outcome or create post-decree conflict that brings you back to court to resolve issues that arise after your divorce.
  • If you're prone to acting on impulse, representing yourself can result in an outcome that is not fair or complete.



Mediation

Divorce mediation is the healthiest, most amicable, and lowest-cost solution that provides the best outcomes for the spouses and their children. It involves working with a neutral third party, the mediator, who helps both spouses negotiate and reach an agreement on all topics that require a decision. The mediator's responsibility is to help both spouses make all of their own decisions in an equitable way. This process is more collaborative and less combative than traditional litigated divorce proceedings. 


Pros:

  • Mediation is private; litigated divorce is public.
  • It provides the best outcomes for children because the mediation sessions are focused on healthy communication during and between sessions, and the mediator provides coaching on healthy co-parenting practices.
  • As long as you're not fighting in court, you get a better outcome and a healthy co-parenting relationship with your spouse.
  • It helps you stay in control of your divorce since you make the decisions (not the court). As a result, it allows for creative and personalized solutions that you both feel good about.
  • It's a less contentious, less expensive, and healthier way to get a divorce.

Cons:

  • Both parties must be able to talk, listen, be willing to compromise, and be transparent about their finances.



Collaborative Law

Instead of hiring a divorce mediator, collaborative law involves both spouses hiring attorneys to work out a divorce settlement without going to court. All parties involved in the collaborative process must sign an agreement stating that attorneys will withdraw if a settlement is not reached or if litigation is threatened. If such an event occurs, both you and your spouse must find new attorneys.


Pros:

  • It involves a team of professionals, including attorneys and financial advisors.
  • Spouses have more control over the outcome.
  • Keeps details of the divorce private.

Cons:

  • The involvement of multiple professionals is very costly.
  • If collaboration fails, you have to start over with new attorneys.



Litigation - Divorce by Trial

Litigation involves taking your divorce case to court, where a judge makes the final decisions on contested issues. This is often the last resort when other methods fail or there’s a significant conflict.


Pros:

  • Attorneys handle the legal aspects and represent your interests.

Cons:

  • Trials are confrontational and create conflict where both lawyers negotiate from the outer bounds of a reasonable agreement.
  • Trials are extremely costly, lengthy (1-2 years), stressful, and rarely result in judgments that are regarded as fair or equitable by either party.


7. Conclusion

Divorce is a significant life event with profound emotional and practical impacts. It marks the end of a relationship that was once filled with hopes and dreams. The gravity of this decision can't be understated - it affects not only you and your spouse but also your children, extended family, and social circles.


Although divorce is challenging, it also presents opportunities for growth and renewal. It can be a chance to rediscover yourself, pursue new goals, and build a life that aligns more closely with your values and aspirations. Many people find that after the initial pain of divorce, they emerge stronger, more resilient, and more self-aware.


At the end of the day, you must do what's best for yours and your family's well-being, even if it means trying hard to work on your marriage or making the terribly painful decision to dissolve your marriage.


If mediation is required, I'm here to help my clients navigate the process with respect while creating healthy outcomes. I’m also a divorce mediator who is not a fan of divorce, so I also offer my clients opportunities to exhaustively fix their marriage before and during the divorce process, if desired.


Self-compassion is essential throughout the divorce process. Feelings of guilt, blame, or regret can easily consume you. Being kind to yourself, acknowledging your efforts, and accepting that it's okay to struggle can make a big difference in how you get through this phase.


Way Forward: Encouragement for Thoughtful Decisions


My role is to serve as a mediator and advisor to ensure a fair resolution and to guide you both to a good outcome. But the process must begin with understanding your priorities and being informed so you can make good decisions together. Rushing into decisions will likely create regret, whereas an educated and thought-through choice can help you move forward with confidence and peace.


That's my wholehearted advice as a divorce mediator who has seen the good, the bad, and the ugly of this process.


I'm here to help, but only you can make the final call on what's best for your life situation. I provide extensive personalized consultations at no charge that help you understand your options and priorities, regardless of which path you decide to take in your divorce.


My purpose is to help you find the best path for you and your family. You can always call me with any questions.


Schedule a free consultation at (224) 544-9990 to discuss specifics personally or you can learn more about me and my process at MichaelsMediation.com


COPYRIGHT © 2024 MICHAEL'S MEDIATION, LLC. LAKE FOREST, CHICAGO, ILLINOIS - ALL RIGHTS RESERVED.

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