Knowledgeable Collaborative Law Attorneys Guiding Clients Through the Process in Wheaton, IL
At Musielak & Rosinski LLC, our attorneys are trained in the collaborative divorce process. We carefully examine our clients' unique situations and advise them on the best course of action. Our vast experience is a valuable and immediate benefit to clients who are struggling to resolve issues surrounding their divorces. There are many steps that must be followed when proceeding through a collaborative divorce, and we can provide guidance on how to complete the process successfully.
Steps Followed in a Collaborative Divorce
- Selection of representatives: In the collaborative law process, it is necessary for each party to select an attorney who is trained in collaborative divorce. Working together, both parties and their lawyers will negotiate an acceptable compromise to each and every dispute.
- Collaborative divorce agreement: At the beginning of the process, each party must make a commitment to the process by signing a Collaborative Agreement. This agreement states that the parties and the attorneys will work together in a respectful manner and help to make the process run smoothly. The parties will also agree to be honest and disclose the necessary information when appropriate. The parties' attorneys will also agree to withdraw from the case if the process fails and litigation will be needed to resolve any outstanding issues.
- Working with outside professionals: During collaborative divorce, it is sometimes necessary to rely on the assistance of other collaborative law professionals. These professionals are typically called in to address specific issues that the parties need to resolve, and they can be financial advisers, child specialists, or divorce coaches.
- Negotiating a settlement: Through a series of meetings, each issue will be discussed and resolved. It is the goal of both attorneys to keep negotiations running smoothly and in a productive manner. Many divorcing spouses feel the temptation to let emotions run high, but the collaborative divorce process is designed so that disputes can be resolved in a professional and respectful manner.
- Final steps: Once a settlement has been reached that addresses all outstanding disputes, the lawyers will create legally binding documents that spell out the compromises and decisions made. These documents will serve to hold all parties accountable if the terms of the settlement are broken. Often, though, the parties tend to abide by the terms because they had a stake in their creation.
What Happens When a Settlement Cannot Be Reached Through Collaborative Law?
Collaborative law depends on both spouses working together in good faith, but not every case results in a full agreement. If the process breaks down, the collaborative attorneys representing each spouse are required to withdraw from the case, since they agreed at the outset not to litigate on either party's behalf. Both spouses must then hire new attorneys to move forward with traditional litigation.
This withdrawal requirement is intentional. It encourages everyone involved, including the attorneys, to stay committed to reaching a settlement rather than treating collaborative law as a low-stakes first attempt before heading to court. While starting over with new counsel adds time and expense, spouses who reach partial agreements during the collaborative process can often carry those resolved issues forward, leaving only the unresolved matters for a judge to decide.
How Long Does the Collaborative Law Process Take?
The length of a collaborative divorce comes down to how many issues need to be resolved and how willing both spouses are to negotiate. Straightforward cases with few disputed issues can be wrapped up in a matter of a few months, while cases involving businesses, significant assets, or ongoing disagreements over parenting time can take considerably longer. Scheduling meetings around the availability of both spouses and any outside professionals involved can also affect the overall timeline.
Contact Our Wheaton Collaborative Divorce Attorneys
To arrange a free initial consultation with Musielak & Rosinski LLC, call our offices at 630-344-6525 or contact our Wheaton, Illinois collaborative law attorneys. With offices in DuPage County and Kendall County, we have experience helping clients throughout Illinois.