What Is Collaborative Divorce and How Can it Benefit Me?

 Posted on September 16, 2020 in Kane

Disputes regarding the division of marital assets and debts, allocation of parental responsibilities and parenting time, child support, spousal maintenance, and other divorce issues can be legally complicated and emotionally exhausting. If you are ready to end your marriage, you may wonder how you can resolve these issues without your divorce case going to trial. Alternative dispute resolution (ADR) methods have helped countless divorcing couples reach an agreement about the terms of their divorce outside of the courtroom. One such ADR that may be beneficial to you is collaborative divorce.

Resolving Divorce Issues Using Collaborative Law

If you are like most individuals facing divorce, you probably want the divorce process to be as amicable as possible. Collaborative divorce is a process during which divorcing spouses and their respective attorneys work together instead of against each other to negotiate divorce issues and reach solutions. Every individual participating in the collaborative process signs a Participation Agreement or Collaborative Agreement in which they promise to openly share relevant information and negotiate in good faith. Participants also promise not to take the divorce case to litigation. If the case does end up going to trial, the attorneys must withdraw from the case and the spouses must hire new attorneys. This ensures that everyone is fully motivated to reach a resolution through the collaborative process.

Advantages of Collaborative Divorce

The collaborative divorce process begins with each spouse meeting with his or her attorney to discuss the outcomes that he or she hopes to gain. Next, the spouses and their attorneys attend a series of meetings during which they negotiate the unresolved issues and work toward mutually agreeable solutions. Third parties such as financial experts, child specialists, mental health professionals, social workers, and other professionals may also attend these collaborative meetings to weigh in on the issues. Once the spouses have reached an agreement, the paperwork is prepared by their lawyers and submitted to the court for approval.

Collaborative divorce is much less adversarial than litigation. Resolving disputes via collaborative law also allows the information exchanged by the spouses to remain confidential. Most importantly, collaborative divorce allows spouses to be in control of their divorce settlement instead of the divorce terms being decided on their behalf by a judge.

Contact a Kane County Divorce Lawyer

If you are interested in learning more about how collaborative family law may allow you to resolve your divorce without the need for stressful or hostile court proceedings, contact MKFM Law. Collectively, our accomplished St. Charles divorce attorneys have over 200 years of legal experience. We are ready to use this experience to help you end your marriage on your terms. Call our office today at 630-665-7300 to schedule a confidential consultation.

Sources:

https://www.liveabout.com/things-you-need-to-know-about-collaborative-divorce-1103296

https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804