Tips for a Successful Collaborative Divorce in Illinois

Wheaton collaborative law attorneyWhile the divorce process can be difficult, some couples may be able to work together to end their marriage as amicably as possible. Collaborative divorce is an alternative dispute resolution process where spouses and their attorneys work together cooperatively to negotiate an equitable settlement. The focus is on problem-solving based on the couple’s individual and shared values without having to go to court. There are many benefits to a collaborative divorce, but it may not work for everyone. A couple needs to be willing to compromise on certain issues in order to make decisions without a judge getting involved.

Benefits of Collaborative Law

A collaborative divorce has many advantages, and the primary benefit is the ability to avoid going to court to resolve disputes through litigation. Some of the other benefits of using a collaborative form of divorce include:

  • It can save time and money.

  • Negotiations can be done in a casual setting.

  • It encourages an honest and open exchange of information.

  • It allows spouses to make decisions on post-divorce issues.

  • It allows spouses to negotiate an outcome that works for both of them.

Steps in Collaborative Proceedings

A collaborative divorce still requires professional legal help in order to finalize the dissolution of the marriage. In general, this type of divorce will proceed more quickly and is less stressful than a traditional litigated divorce, but it still involves a few necessary steps, such as:

  1. Each spouse hires his or her own attorney.

  2. Each spouse discusses his or her wishes with his or her attorney before negotiations begin.

  3. A “no court” agreement is signed by all parties that specifies that both attorneys will withdraw from the case in the event the case does go to court.

  4. Both spouses and their attorneys meet on a regular basis to determine how to resolve issues such as child support, spousal support, and asset division.

  5. Once a settlement is reached, the divorce papers are filed in family court, and a divorce decree is issued.

Working Together for the Best Possible Outcome

When using collaborative law to reach a divorce settlement, a couple may achieve success by following these tips:

  • Have faith in the process: Thoughtful negotiation will result in the best solutions for both parties, but it takes time. Be patient when trying to come to a resolution on issues such as parenting time, child support, spousal maintenance, and property division.

  • Willingness to cooperate: Consider your spouse’s perspective and respect his or her opinion, even if it differs from your own. Part of the process in a collaborative divorce involves compromising and giving up on some wishes/desires. For couples who have children, they should base their decisions on what is in the best interests of their kids.

  • Use professional resources: In addition to an attorney, other licensed professionals such as accountants/financial planners, therapists, and divorce coaches can help with different aspects of a divorce. For many people, the end of a marriage is a grieving process. These experts can provide the tools to process feelings of anger, sadness, and regret.

Contact a Wheaton, IL Divorce Lawyer

A divorce can be difficult, but it does not always have to be contentious. If two spouses mutually agree to part ways, the divorce process can be amicable. A knowledgeable DuPage County collaborative divorce attorney can assist you throughout the process so you can leave your marriage with a fair settlement. To schedule a complimentary consultation, call our office today at 630-871-1002.

Source:

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

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