DuPage County divorce attorney for collaborative lawIf you are thinking about ending your marriage, you may have already started researching the ways you can resolve divorce issues such as child custody, property division, and spousal maintenance. You may know for sure that you want to avoid divorce litigation, but you may still be uncertain as to what type of alternative resolution method is right for your particular circumstances. Collaborative divorce is a process during which divorcing spouses work with their attorneys to reach a settlement on unresolved divorce issues using cooperative discussions and negotiations. This process takes place outside of the courtroom and is typically much less stressful and antagonistic than litigation. There are several situations in which using collaborative law to resolve divorce issues can be especially beneficial.

Circumstances in Which Collaborative Divorce May Be Advantageous

When determining what type of divorce strategy to pursue, begin by taking stock of your divorce-related goals. Also consider the particular obstacles, challenges, or special circumstances that may complicate your divorce. Collaborative law may be a good fit for you if:

  1. You want legal support and protection from an attorney but do not wish to go to trial. If you or your spouse own complex assets, have a high income, own a business, or have other complicated financial issues, quality legal representation during divorce is crucial. A divorce lawyer is also a valuable resource during child-related disputes.

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Wheaton divorce lawyer for collaborative lawWith so many Illinois residents out of work or working from home due to the pandemic — and no real end in the immediate future — many couples are delaying divorce plans simply because of the expense. While it is true that the legal fees involved in a divorce can add up to thousands or even tens of thousands of dollars once the divorce is finalized, this should not be prohibitive to either of you, especially if you both know a divorce will help you and your family during this time of reduced/lost incomes and staying at home together more often than usual.

Collaborative Law as a Potential Cost-Saver

There are plenty of ways to make a divorce more affordable, including pursuing an uncontested divorce or determining whether the court may require the wealthier spouse to cover the other spouse’s attorney’s fees in a more fiercely litigated contested divorce or an otherwise complex divorce. In many cases, collaborative divorce can be more affordable than a divorce that involves litigation.

In a collaborative divorce, both spouses and their attorneys agree to cooperatively negotiate a divorce settlement without resorting to litigation, while also making the commitment to be open and honest with each other at all times. Collaborative divorces allow both parties to work together outside of court through this increasingly popular alternative dispute resolution (ADR) method to reach a more agreeable resolution to the issues in their divorce. In addition to securing the terms of a divorce decree that benefits both sides fairly and equitably, collaborative divorce can also foster and maintain civility throughout the divorce process, helping spouses ensure that they can have a more amicable divorce.

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collaborative divorce, Wheaton family law attorneyIllinois allows spouses going through a divorce to utilize a system called collaborative law, rather than the adversarial judicial process. If you are interested in learning more about whether a collaborative divorce is right for you, consult an experienced family law attorney in Illinois.

What Is the Collaborative Divorce Process?

Instead of going to trial and having a judge decide the matters that you and your spouse may not be able to resolve alone, the collaborative law process allows you to make the decisions about your divorce together, with the help of your attorneys. A collaborative divorce may also include other professionals such as therapists, financial advisors, or child psychologists.

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