Mediation

Family Law Mediation: A Path to Resolution

St. Charles - Edwardsville - O'Fallon - Granite City

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MEDIATION SERVICES • FAMILY LAW • MISSOURI + ILLINOIS

Mediation Services at Besserman Law

Family disputes are emotionally taxing and legally complex. Mediation is a structured, confidential process that helps you reach workable agreements—often faster, with less stress, and at lower cost than litigation—while keeping you in control of the decisions.

2026 note: Court practices and local requirements can differ by county/circuit. We’ll help you understand what applies in your Missouri or Illinois case.

The Benefits of Family Law Mediation

Mediation is designed to reduce conflict and help families move forward with clarity—especially when ongoing co-parenting is involved.

Amicable Resolution

Encourages cooperation and structured communication—helping you reach respectful solutions instead of “winner/loser” outcomes.

Faster Results

Often resolves key issues in weeks rather than months—reducing time spent waiting on court dates and continuances.

Cost-Effective

Typically less expensive than extended litigation by reducing motion practice, hearings, and trial preparation.

You Stay in Control

The agreement is built by the parties—not imposed by a judge—so it can reflect your real-world needs and priorities.

Confidentiality

Mediation is generally treated as a private process. Illinois recognizes a mediation privilege under the Illinois Uniform Mediation Act. [oai_citation:0‡Justia Law](https://law.justia.com/codes/illinois/chapter-710/act-710-ilcs-35/?utm_source=chatgpt.com)

Better for Co-Parenting

Helps reduce ongoing conflict and creates clearer expectations—especially helpful when you’ll be parenting together for years.

Our Mediation Services

Whether you’re starting a case, already in court, or need to modify an existing order—mediation can help you reach durable agreements on the issues that matter most.

DIVORCE MEDIATION

Divorce & Dissolution Agreements

Work through property division, parenting plans, child support, and spousal maintenance in a structured setting.

PARENTING

Child Custody / Parenting Time

Create workable custody/parenting time schedules, decision-making frameworks, holidays, travel rules, and conflict “reset” procedures.

SUPPORT

Child Support

Address guideline calculations, expenses, insurance, daycare, extracurriculars, and modification issues when life changes.

ASSETS

Property & Asset Division

Navigate retirement accounts, real estate, debts, business interests, and complex financial portfolios with a focus on practical, implementable outcomes.

MAINTENANCE

Alimony / Spousal Support

Negotiate fair support arrangements that reflect financial realities, earning capacity, and transition needs.

POST-JUDGMENT

Modification & Enforcement

When circumstances change, mediation can help adjust orders—or create compliance plans that avoid repeated court hearings.

The Mediation Process

Our goal is a clear, durable agreement that can be implemented in real life—and, when needed, incorporated into a court order.

1

Initial Consultation

We learn your goals, review the major issues, and confirm whether mediation is appropriate given safety and power-balance concerns.

2

Preparation

We identify needed documents (financials, schedules, proposals), set an agenda, and choose the right session format (joint sessions, caucus/shuttle, or hybrid).

3

Mediation Sessions

A neutral mediator facilitates structured discussions. The mediator doesn’t “pick a winner”—they help clarify issues, explore options, and move toward agreements.

4

Agreement Drafting

Once you reach resolution, terms are documented clearly (parenting details, timelines, division steps, support terms) to reduce future disputes.

5

Court Approval (When Needed)

In many family cases, your agreement can be submitted to the court and incorporated into an order/judgment. Requirements vary by case type and jurisdiction.

Missouri vs. Illinois: Similarities & Key Differences

Mediation looks similar in both states—neutral facilitator, structured negotiation, goal of agreement—but court rules and confidentiality frameworks differ.

MISSOURI

How Missouri Handles Family Law Mediation

  • Courts may order or recommend mediation in family court cases. [oai_citation:1‡Missouri Revisor of Statutes](https://revisor.mo.gov/main/OneSection.aspx?section=487.100&utm_source=chatgpt.com)
  • Missouri Supreme Court Rule 88 authorizes judicial circuits to establish mediation programs for contested domestic relations issues. [oai_citation:2‡stlcountycourts.com](https://www.stlcountycourts.com/courts-departments/family-court/supplemental-family-court-summon/local-rule-6814/?utm_source=chatgpt.com)
  • Local rules may require minimum mediation time in contested custody/visitation matters (varies by county/circuit). [oai_citation:3‡casscounty.com](https://www.casscounty.com/DocumentCenter/View/2057/Local-Court-Rules-with-Index-072023?bidId=&utm_source=chatgpt.com)
  • Confidentiality in court-connected mediation is addressed under Rule 88.08 (and local rules often reference it). [oai_citation:4‡circuit7.net](https://www.circuit7.net/circuitcourt/localrule/68.8?utm_source=chatgpt.com)
ILLINOIS

How Illinois Handles Family Law Mediation

  • Illinois Supreme Court Rule 905 requires each judicial circuit to establish a mediation program for child custody and allocation of parental responsibilities proceedings. [oai_citation:5‡Illinois Courts Audio](https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/c6c9f299-e480-4f91-a442-02e169ffe2c8/Rule%20905.pdf?utm_source=chatgpt.com)
  • Illinois recognizes mediation privilege under the Illinois Uniform Mediation Act (IUMA). [oai_citation:6‡Justia Law](https://law.justia.com/codes/illinois/chapter-710/act-710-ilcs-35/?utm_source=chatgpt.com)
  • Local circuit rules often set the details (mediator lists, reporting, screening, scheduling)—so practice can vary by county/circuit. [oai_citation:7‡illinois16thjudicialcircuit.org](https://www.illinois16thjudicialcircuit.org/Documents/localCourtRules/Article_16.pdf?utm_source=chatgpt.com)
What this means for you
If your case is in court, the judge may refer you to mediation (and in Illinois, custody-related programs are established statewide under Rule 905). In Missouri, mediation programs are authorized under Rule 88 and often shaped by local circuit rules. We’ll help you understand what’s required, what’s optional, and how to prepare effectively. [oai_citation:8‡stlcountycourts.com](https://www.stlcountycourts.com/courts-departments/family-court/supplemental-family-court-summon/local-rule-6814/?utm_source=chatgpt.com)

Is Mediation Right for Your Situation?

Mediation can be excellent for many families—but it’s not ideal in every scenario. Safety and fairness come first.

Mediation is often a great fit when…

  • Both parties want to avoid a prolonged court battle
  • You need a co-parenting plan that actually works day-to-day
  • You’re willing to exchange information and negotiate in good faith
  • You want more control and flexibility than court orders often provide

Mediation may not be appropriate when…

  • There is ongoing domestic violence, coercion, or serious intimidation
  • One party refuses to disclose financial information
  • There are urgent safety issues requiring immediate court action

If safety is a concern, ask us about protective strategies and alternative pathways.

Quick Questions About Mediation

Short answers to the things people ask before they commit to the process.

Do I need a lawyer if I’m mediating?
Many people choose to consult an attorney during mediation (before sessions, between sessions, or to review a final agreement). Whether you should depends on complexity (finances, custody, business interests) and comfort level.
Is mediation confidential?
Generally, yes—mediation is designed to be private. Illinois provides a mediation privilege under the Illinois Uniform Mediation Act. Missouri court-connected mediation confidentiality is addressed under Rule 88.08 and commonly referenced in local rules. [oai_citation:9‡Justia Law](https://law.justia.com/codes/illinois/chapter-710/act-710-ilcs-35/?utm_source=chatgpt.com)
Can the court require mediation?
Courts may order or refer cases to mediation depending on the issues and local practice. In Illinois, Rule 905 requires mediation programs for custody/allocation proceedings. In Missouri, courts may order or recommend mediation in family cases and judicial circuits may establish mediation programs under Rule 88. [oai_citation:10‡Illinois Courts Audio](https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/c6c9f299-e480-4f91-a442-02e169ffe2c8/Rule%20905.pdf?utm_source=chatgpt.com)
What if we agree on some issues but not all?
Partial agreements are common and still valuable. You can resolve the items you can agree on and narrow what remains for additional mediation, negotiation, or (if necessary) court.

Choose Mediation. Choose Resolution.

Mediation offers a constructive alternative to courtroom battles—helping families resolve disputes with respect, dignity, and efficiency. If you’re in Missouri or Illinois, we’ll help you understand your options and prepare for a successful mediation.

This page provides general information as of 2026 and is not legal advice. Laws, local court rules, and procedures can change. Consult an attorney for guidance specific to your situation.

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stcharles, Missouri, st. louis, divorce

Missouri & Illinois
Offices

Our offices in Missouri and Illinois are conveniently located. Divorce laws differ according to the jurisdiction. Having in-depth knowledge of the local statutes in their region, our attorneys are prepared to assist you in dealing with any family law issue.
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To begin the divorce, custody, or family law process, you must first schedule an initial consultation with one of our attorneys. This meeting gives you the opportunity to ask your most pressing questions, understand your legal options, and determine the best path forward based on your unique situation.

There may be a small initial consultation fee; however, any unused portion of time may be credited toward your required advance deposit to engage the firm, if you choose to retain Besserman Law. Ask our team for current details when scheduling.

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What to Expect for Any Case.

A divorce or legal process begins with the initial consultation with your attorney. The hour will be devoted to answering specific questions and drafting goals for your case. You can expect your attorney to outline a strategy that has the best chance of success based on the information you provide.
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Ensure you bring all necessary documentation to your consultation, including current and legal documents you think our attorneys will need to see, such as W-2 forms and last year's tax records. If you're not sure what documentation to bring, ask. You will have a more productive initial consult if you have the proper documentation on hand.
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Frequently Ask Questions (FAQ) of Divorce

Do we Need To Wait Before we File for a No-Fault Divorce?

Not always. In the case, you as well as your spouse, have lived apart for a continuous period of at least six months before admission of the divorce judgment, the two-year separation requirement could be waived, but only if you both consent in writing to do this. In case the two of you cannot consent, then you will have to satisfy the 2-year condition.

Do you know the Important Legal Problems in a Divorce?

The important problems that commonly come up in divorce cases are property division, child custody and visitation, child support, and alimony. Partners can enter into an agreement, property settlement agreement or divorce agreement, to resolve all or a number of the problems presented by their divorce case. This agreement, and, in particular, any arrangements regarding child custody and child support, will need court acceptance. They will have to fight it out in court where a judge will determine for them under the principles of Illinois law if spouses can not agree on any of the problems.

What’s a Legal Separation?

If you are living separate and apart from your spouse, you can petition a court to allow you a legal separation and fair support or alimony. Either spouse will not be prevented by a ruling for legal separation from filing for divorce after. 

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FAMILY LAW • DIVORCE • CUSTODY • SUPPORT

Family Law FAQs — Organized by State

These frequently asked questions cover common divorce and family law issues in Missouri and Illinois. Each question is clearly labeled by state so updates remain easy to track over time. This page is general educational information and not legal advice.

Laws and outcomes vary. Talk with an attorney to understand options for your specific facts and jurisdiction.

Divorce Basics

Filing, no-fault rules, timing, and separation requirements—labeled by state.

MISSOURI How do I file for divorce in Missouri?
To file for divorce in Missouri, at least one spouse must have lived in Missouri for 90 days before filing. Divorce cases are filed in the circuit court of the county where either spouse resides.
MISSOURI Is Missouri a no-fault divorce state?
Yes. Missouri is a no-fault state. You do not have to prove adultery, abuse, or wrongdoing—only that the marriage is “irretrievably broken.”
MISSOURI How long does a divorce take in Missouri?
Missouri has a minimum 30-day waiting period, but most divorces take 3–12 months, depending on custody disputes, property issues, and court schedules.
MISSOURI Do I need my spouse’s permission to get divorced?
No. One spouse can file for divorce even if the other objects.
ILLINOIS How do I file for divorce in Illinois?
One spouse must have lived in Illinois for at least 90 days before filing. Cases are filed in the circuit court of the appropriate county.
ILLINOIS Is Illinois a no-fault divorce state?
Yes. Illinois only allows no-fault divorce based on irreconcilable differences.
ILLINOIS How long does a divorce take in Illinois?
Uncontested divorces can be finalized in as little as a few months, while contested cases often take 9–18 months.
ILLINOIS Do we have to be separated before divorcing?
Illinois law presumes irreconcilable differences if spouses have lived apart for 6 months, but the court's no longer require an affidavit of living separately for any length of time.

Property & Finances

Equitable distribution, the house, retirement accounts, and maintenance/alimony.

MISSOURI Is Missouri a community property state?
No. Missouri follows equitable distribution, meaning marital property is divided fairly—not necessarily 50/50.
MISSOURI What counts as marital property in Missouri?
Generally, assets acquired during the marriage—including income, retirement accounts, and real estate—are marital property, regardless of whose name is on them.
MISSOURI Who gets the house in a Missouri divorce?
There’s no automatic rule. Courts consider factors like financial contributions, custody arrangements, and each spouse’s ability to maintain the home.
MISSOURI Will I have to pay spousal maintenance (alimony)?
Possibly. Missouri courts look at need, ability to pay, length of marriage, and earning capacity. Maintenance can be temporary or long-term.
ILLINOIS Is Illinois a community property state?
No. Illinois follows equitable distribution, not automatic 50/50 division.
ILLINOIS What is considered marital property in Illinois?
Most assets and debts acquired during the marriage, regardless of title.
ILLINOIS How are retirement accounts divided?
Often through a Qualified Domestic Relations Order (QDRO)—errors here can be extremely expensive.
ILLINOIS Will I receive or pay maintenance (alimony)?
Illinois uses statutory guidelines based on income, marriage length, and financial need, though courts may deviate.

Child Custody & Support

Best-interest standards, parenting time, and how support is calculated.

MISSOURI How is child custody decided in Missouri?
Custody decisions are based on the best interests of the child, considering stability, parental involvement, and the child’s needs.
MISSOURI Does Missouri favor mothers in custody cases?
No. Missouri law is gender-neutral. Courts often favor arrangements that allow frequent and meaningful contact with both parents.
MISSOURI What types of custody exist in Missouri?
  • Legal custody (decision-making)
  • Physical custody (where the child lives)
Both can be joint or sole.
MISSOURI How is child support calculated?
Missouri uses Form 14, which considers income, parenting time, healthcare costs, and childcare expenses.
ILLINOIS Does Illinois still use the term “custody”?
No. Illinois now uses allocation of parental responsibilities and parenting time.
ILLINOIS How does Illinois decide parenting time?
Based on the best interests of the child, including stability, cooperation, and each parent’s involvement.
ILLINOIS Can a child choose which parent to live with?
A child’s wishes may be considered, but no child decides custody outright.
ILLINOIS What happens if one parent violates the parenting schedule?
Courts can impose fines, modify parenting time, or hold the parent in contempt.
ILLINOIS How is child support calculated in Illinois?
Illinois may use an income shared model, considering both parents’ income and time with the child based on overnights.
ILLINOIS Does parenting time affect child support?
Yes. Overnights and shared parenting significantly impact calculations.
ILLINOIS Can child support be modified?
Yes, if there’s a substantial change in circumstances (job loss, income change, medical issues).

Special & High-Conflict Issues

Pregnancy, hidden assets, relocation, domestic violence, and enforcement.

MISSOURI Can I get divorced while pregnant in Missouri?
Yes, but courts may delay final custody decisions until after birth.
MISSOURI What if my spouse is hiding assets?
Courts can impose penalties, reopen judgments, and award additional property if concealment is proven.
MISSOURI Can I move out with my children during a divorce?
This can seriously impact custody. Always talk to an attorney before relocating.
MISSOURI Do I need a lawyer for an uncontested divorce?
Legally no—but mistakes can be costly and irreversible, especially with property and custody.
ILLINOIS What if there is domestic violence?
Illinois courts can issue Orders of Protection immediately and prioritize safety.
ILLINOIS Can I move out of state with my child after divorce?
Relocation may require court approval or parental agreement depending upon the mileage involved.
ILLINOIS What if my spouse won’t cooperate?
Courts can compel disclosure, enforce deadlines, and impose sanctions.
ILLINOIS Do I really need a lawyer if we “agree on everything”?
Many people think they agree—until tax consequences, retirement, or future enforcement becomes an issue.

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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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