Who is Involved in a Collaborative Divorce?

 Posted on August 12, 2021 in Main

Television shows and movies have perpetuated many misconceptions about divorce. The most prevalent of these false beliefs is the notion that a divorce case will be wrought with turmoil and conflict if the spouses hire attorneys. On the contrary, having a divorce attorney can help you and your spouse negotiate a divorce settlement agreement without a stressful courtroom showdown. In fact, many divorce attorneys now utilize collaborative law to resolve divorce issues without litigation.

In a collaborative divorce, each spouse and his or her attorney work with a collaborative team to discuss divorce issues, explore various solutions, and negotiate the terms of the divorce. The individuals who join the spouses and their attorneys can vary depending on the unique issues the spouses are dealing with.

Creating a Collaborative Team During Your Divorce

A collaborative divorce involves a series of collaborative meetings during which the spouses, their attorneys, and other participants discuss the unresolved divorce issues. They may negotiate a property division settlement, parenting plan, spousal maintenance agreement, or discuss other concerns. The ultimate goal of the collaborative meetings is to find solutions to disputes without going through the litigation and/or trial process.

In addition to divorce attorneys qualified to practice law, your collaborative team may include:

Financial professionals – If your divorce involves complicated financial concerns, it is important to involve a skilled financial professional. An accountant, financial planner, or other financial professional can help you identify your financial goals, value assets, assess the tax consequences of various property division arrangements, address debts and liabilities, and more.

Mental health professionals – The psychological and emotional impact of divorce cannot be overstated. Therefore, many divorcing spouses choose to involve a mental health professional in the collaborative process. A mental health practitioner can help spouses identify how the spouses’ fears and emotions are hindering the negotiation process, facilitate calm, rational discussions, and help the spouses focus on the issues at hand instead of digging up past hurts and regrets.

Child specialists – Even for great parents, it can be difficult to understand what children and teenagers need. If you have children, you may want to involve a child specialist who can help ensure that any decisions you reach are in the children’s best interests.

Contact a DuPage County Collaborative Divorce Lawyer

Collaborative law is an alternative approach to resolving divorce issues that avoids the litigation process and helps spouses reach practical solutions in a non-adversarial way. To learn more, contact the skilled Wheaton divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC. Call 630-665-7300 today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59