Hoffman estates collaborative divorce attorneyDivorce may be the best thing for a couple in the long-term, but in the short-term, it tends to release a stream of negative emotions, and bitter Court battles will likely increase the level of conflict. Divorce cases, particularly high-conflict ones, can greatly complicate settling outstanding issues, make it more difficult to move on emotionally and physically, and negatively impact a child’s relationship with one or both parents. While litigation is the traditional way to seek divorce, other options are available that are less confrontational and are designed to help couples find common ground, allowing them to resolve their disagreements privately and without Court intervention. 

The newest divorce method endorsed by the Illinois legislature is the collaborative law process, and a law governing how it applies to divorce and family law cases went into effect at the beginning of 2018. This non-adversarial approach allows spouses to preserve a working relationship and implement better communication strategies that they can use going into future interactions after their divorce. The format and process of collaborative divorce is quite different than litigated divorce, and it can be a good option for couples seeking an alternative that promotes compromise when addressing how to resolve differences.

The Collaborative Process

Collaborative divorce is an alternative dispute resolution method that starts with both spouses and their attorneys signing a participation agreement in which they agree to make a good faith effort to settle their divorce without Court intervention and promise to freely share information. In addition, the parties must also recognize that if the collaborative process is terminated for any reason, their collaborative law attorneys will be disqualified from representing either client in future litigation.

...

collaborative divorce, Palatine Collaborative Law AttorneyDivorces are often contentious proceedings. Disputes regarding important issues such as property division, child custody and support payments can be exacerbated by the litigation process. Collaborative divorce, however, is an alternative to a traditional litigated divorce. In a collaborative divorce, the spouses do not go to Court to resolve issues. Instead, with the help of a lawyer trained in collaborative law, the spouses come to an agreement with each other about the terms of the divorce. Then they go to Court to finalize the dissolution.

Process

In Illinois, no statutes govern the collaborative divorce process. In a collaborative divorce, each spouse retains his or her own lawyer. The spouses agree to work together in good faith to resolve the issues associated with their divorce and to honestly disclose all pertinent information. They meet together, with their lawyers, to discuss the issues and reach an agreement.

...

collaborative law, child custody, Palatine divorce attorney, Palatine family lawyerAs discussed previously, collaborative law is a form of alternative dispute resolution that allows parties going through a divorce or child custody issue to attempt to come to a mutually agreeable solution. It sounds similar to mediation, but the two are not exactly the same.

In mediation, the parties meet outside of Court in an attempt to reach a mutually agreeable resolution of the contested issues, just as in the collaborative law process. The difference is that in mediation, pleadings, motions and other filings have been submitted to the Court, the parties have been (or are scheduled to be) deposed, and there have been Court hearings. Mediation, then, is an attempt to resolve the issues before the proceedings get any more contentious and adversarial.

In collaborative law, coming to an agreement before entering the Courthouse is the goal. When the parties use the collaborative law process, they bypass Court's initial involvement; there are no pleadings, no Court hearings; and hopefully, if the process works as planned, there is only a single hearing once an agreement has been reached for the Judge to approve the agreement and finalize the divorce. At the outset, the parties agree that they do not want the process to be contentious or adversarial.

...

Collaborative Law IMAGECollaboration during a hotly contested issue is often difficult for the parties involved, but the rewards can be greater because the parties reach a mutual resolution together. Collaborative law is a form of alternative dispute resolution. Regardless of the situation in which you find yourself, this method of dispute resolution is an option that should always be considered.

How it Works

Collaborative law is not about taking sides. Typically, these negotiations see the conflicted parties negotiating with each other to reach a mutually beneficial outcome. As this is a voluntary process, the parties must agree to pursue this form of dispute resolution, but the benefits of doing so include a reduction in the amount of money spent on the conflict, and a reduction in the time necessary to reach the desired resolution.

...
 

Call Today at 847.873.6741 for Your FREE Initial Consultation

We Accept:Credit Cards

Address800 E. Northwest Highway, Suite 321, Palatine, IL 60074

Phone847.873.6741     Fax847.221.3626

Facebook LinkedIn

Resources Privacy Policy Disclaimer Sitemap

© 2019 The Law Office of Nicholas W. Richardson, P.C.
800 E. Northwest Highway, Suite 321, Palatine, IL 60074 | 847.873.6741

OVC Logo