If 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:
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.
You want to have control over the outcome of your divorce. When a divorce case goes to trial, a judge will make the final determinations about the terms of the divorce. Lawyers can present arguments and evidence to advocate for their clients’ desired outcome, but the decision is ultimately up to the judge. During a collaborative divorce, you have the chance to design your own unique solutions. You do not have to agree to a settlement if you do not approve of it.
You and your spouse plan to share custody of your children. If you and your spouse plan to co-parent your children, you will still be involved in each other’s lives post-divorce. Collaborative law can help you create a parenting plan in a respectful, cooperative manner which will improve your chances of staying on good terms with your child’s other parent. This can help prevent avoidable parenting disputes in the future.
You would like advice and input from neutral third-party professionals. Collaborative meetings are not limited to the spouses and their respective attorneys. You may also choose to involve financial advisors, real estate brokers, accountants, mental health professionals, child specialists, and others who can offer expert opinions about your unresolved divorce issues.
Privacy and confidentiality are especially important to you. Whether you are a public figure, or you simply value your privacy, you probably do not want personal information revealed during your divorce to become public record. Participants in a collaborative divorce will typically sign an agreement in which they promise to keep their discussions confidential.
Contact a DuPage County Collaborative Divorce Lawyer
To learn more about alternative dispute resolution methods such as collaborative law, contact Andrew Cores Family Law Group. Our Wheaton, IL family law attorneys will help you find a divorce strategy that will fit your unique circumstances. To schedule a free consultation, call our office today at 630-871-1002.