If you are considering divorce, you have likely imagined lengthy legal battles and contentious disputes with your ex-spouse during the process. However, divorce does not have to be this way. Collaborative law is a very effective alternative to litigation in court when trying to finalize the terms of a divorce. Collaborative divorce functions as a middle ground between mediation, in which both parties are very amicable and cooperative, and litigation, where things can become fairly hostile as disputes are argued in court in front of a judge.
What Is Collaborative Divorce?
During a collaborative divorce, both sides will work together with their respective attorneys to try to resolve all outstanding disputes or legal issues, such as custody of children or division of marital property. In a collaborative divorce, the attorneys for both sides attempt to come to an agreement that is satisfactory for all involved, unlike litigation, in which one side typically wins and one loses. Collaborative divorce places the needs of the couple, and the entire family, front and center. By working together to reach a settlement, a couple can eliminate uncertainty over what a judge will decide, and both parties will have much more control over the outcome.
How Much Does Collaborative Divorce Cost?
There is no single answer to the question of how much any divorce will cost, whether litigation, mediation or collaborative law is used to resolve disputes. However, collaborative law is often much more affordable than litigation. In a collaborative divorce, experts do not need to testify in court, you will not need to attend multiple court hearings, and you can avoid paying filing fees for petitions or subpoenas. Ultimately, the cost of a collaborative divorce will depend on how long it takes for you and your spouse to come to an agreement on the outstanding issues. Generally speaking though, a collaborative divorce is less costly than litigation....
Even if your marriage has broken down, you may not want to go through the long, drawn-out process of divorce. You know you will have to see your ex in many unpleasant circumstances, and you may want to avoid interacting with him or her altogether. If you are in an abusive relationship, this can be a particularly important issue.
You may have heard about the possibility of getting a divorce through the newspaper in which you simply publish the divorce announcement and have your marriage dissolved. Is this true, though? Can you really just publish that you want a divorce in a newspaper and have the process finalized? While this may be possible in Illinois, the process of doing so is not easy, and you will have to meet several criteria before you start paying for that ad space.
What You Need to File Through Publication
In a few rare cases, you can get divorced through a publication in the newspaper in Illinois. Before you do so, you will need to file a petition for divorce with the court, ask the judge to allow you to serve the divorce papers through publication, and then prove why you need to do so....
Getting an uncontested divorce sounds fairly simple. In fact, these are typically the least complicated divorces in Illinois because both spouses agree to the terms of the divorce; however, this type of divorce isn’t always straightforward or uncomplicated. Any couple facing a divorce, even one that is uncontested, is going to have questions. Below are the five most common issues that come up in uncontested divorces:
Can We Use the Same Lawyer?
One lawyer representing both sides in any legal matter is a major conflict of interest. While both spouses may consult with a single attorney as they proceed with the divorce process, the attorney can only represent one spouse during the divorce proceedings. In order to ensure that both parties’ rights are protected, you and your spouse should use different attorneys that will represent each party’s separate interests. Even during an uncontested divorce, you will need legal advice on the steps to take and an advocate who will stand up for your rights.
How Long Does an Uncontested Divorce Take?
This will depend on the timelines followed in your local family court, which can range from as little as two weeks to up to two months. In addition to the court timelines, there are other factors that will affect how long your divorce will take. These include the court’s schedule and how long it takes:...
Getting a divorce is rarely easy. When a couple is facing divorce, they often envision lengthy legal battles in the courtroom. However, divorce proceedings do not have to involve the courtroom at all, and ex-spouses are often able to part ways amicably. When a couple wants to minimize the amount of conflict in a divorce while having control over the terms of their divorce settlement, they often turn toward mediation.
Mediation is a process in which the two divorcing spouses meet with a mediator to come to an agreement on all terms of the divorce, including child custody, child support and property division. Mediation often sounds like the ideal solution because these proceedings are civil and respectful. However, like anything else, mediation does have its own pros and cons. You should weigh these against each other when considering whether mediation is a viable solution for you....
As 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....
Collaboration 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....