Divorce and child custody battles can lead to strong emotions and heated arguments. This is where a collaborative process can prove invaluable. Using collaborative law, both sides can work amicably to come to non-adversarial decisions without court intervention. Resolving a divorce or family law dispute through collaborative law can be financially and emotionally easier on all involved in the divorce. 

What Is a Collaborative Divorce?

In a collaborative divorce, each involved party retains an attorney representing their interests. During this process, information is exchanged voluntarily, and settlement meetings are held to discuss and finalize agreements on key issues. 

This model aims to develop an agenda so both parties can have control over the divorce process. Here are some things you should know about the process:

No one enters a marriage thinking it will end one day. But a divorce can be financially devastating if you are not prepared. If you wish to get married or are already in wedlock, a formal marital agreement with your current or future spouse can protect your assets. Two of these agreements are called prenuptial and postnuptial agreements.

What Is the Purpose of Prenuptial and Postnuptial Agreements?

Post and prenuptial agreements are legally binding documents you can enter into with an existing or future spouse. The agreements allow couples to protect their assets and interests from uncertainties resulting from divorce or death. 

Without either agreement, the couple's assets are distributed as per Illinois laws. So drafting an agreement before or after marriage can protect you and your family from expenses and complex legal proceedings. 

When you are going through a divorce, the best case scenario is an amicable split in which both parties can work together and reach a mutually beneficial agreement. However, this is not always possible. As you consider your options, consider the following information about divorce litigation and mediation. 

Litigation vs. Mediation 

Irrespective of which path you choose, you and your spouse will face the same core issues: child support, alimony, allocation of parental responsibilities, parenting time, and asset division. The approach and process differ depending on the option you choose.

During the a divorce trial, both parties are on opposing sides. Each has a lawyer who presents their case and supporting evidence to convince the judge to rule in their favor. The ruling is left to the judge, which is final unless it is appealed. It should be noted that few divorce cases make it to trial. In most cases, the parties are able to reach a settlement during the litigation process. However, it is important to be prepared for this possibility. 

Divorce can be highly stressful, and when people are stressed, they can easily make mistakes. Throw intense emotions into the mix, and the chance of making a mistake increases significantly. Unfortunately, these mistakes can have long-lasting consequences, both financially and emotionally. If you are getting a divorce, hire a skilled divorce attorney to understand your legal options, as well as the implications of your divorce and what it may mean for the future.

Avoid Making These Mistakes When Getting Divorced

Here are some of the biggest mistakes people make while getting divorced, including:

• Failing to hire an experienced divorce attorney – One of the biggest mistakes people make during a divorce is not hiring an experienced divorce attorney. Divorce can be a complex legal process, and an experienced attorney can help you navigate the legal system, ensure your rights are protected, and help you achieve a favorable settlement.
• Failing to disclose all assets – During a divorce, both parties are required to disclose all assets, income, and debts. Unfortunately, some people may hide assets or income to avoid dividing them with their spouse.
• Making emotional decisions – Divorce can be an emotional process, and making decisions based on emotions rather than logic is easy. Therefore, it is essential to keep your emotions in check during the divorce process and make decisions that are in your best interest, both financially and emotionally.
• Failing to understand the financial implications – Divorce can have significant financial implications, and it is crucial to understand the potential consequences of your decisions. For example, failing to consider the tax implications of a settlement can result in unnecessary surprises down the road.
• Failing to consider the long-term effects on children – Divorce can significantly impact children, and it is crucial to consider the long-term effects of your decisions on them. This includes ensuring they have a stable and supportive environment and are not caught in the middle of any disputes.
• Failing to negotiate in good faith – It is important to negotiate in good faith and work toward a fair and equitable settlement during a divorce. Failing to do so can result in a lengthy and costly legal battle with long-lasting consequences.

Contact a Wheaton, IL Divorce Attorney

One of the best ways to avoid making costly errors during your divorce is to hire an experienced divorce lawyer. Their experience will be instrumental in guiding you through the process, ensuring all your decisions support your and your children’s best interests. Contact the skilled DuPage County divorce lawyers at Andrew Cores Family Law Group for more information. Call 630-871-1002 for a free consultation.

Creating a parenting plan is an essential part of the divorce process for parents in Illinois. A parenting plan outlines how you and your ex-spouse will share parental responsibilities and parenting time. However, creating a parenting plan can be difficult, and there are mistakes that you should avoid making to ensure the best outcome for your children and family. As you embark on creating your parenting plan, consult with an experienced family law attorney, who will help ensure you complete your parenting plan successfully.

Mistakes to Avoid Making

Here are some common mistakes to avoid making when creating your parenting plan in Illinois, including:

• Not considering the child’s best interests – When creating a parenting plan, the child’s best interests should be the primary consideration. This means considering the child’s age, health, education, and emotional needs. Ensure that your parenting plan is designed to meet your child’s needs, not just yours.
• Failing to be specific – Your parenting plan should be specific and detailed. This means outlining the particular days and times each parent will have parenting time and how holidays, vacations, and special occasions will be shared—the more specific the parenting plan, the less room for ambiguity and conflict.
• Missing deadlines - In Illinois, the parenting plan must be filed to the court within 120 days after the divorce petition has been filed with the court. Both parents must also sign the plan.
• Not considering logistics – Logistics are essential when creating a parenting plan. You should take into account the location of each parent’s residence, the child’s school, and any extracurricular activities. Your parenting plan should be designed to minimize disruptions to your child’s daily routine.
• Not including contingencies – Your parenting plan should include contingencies for unexpected events, such as illness, travel, or changes in work schedules. This will help ensure that your parenting plan remains flexible and can adapt to changing circumstances.
• Failing to communicate – Effective communication is essential when creating a parenting plan. Both parents should be open and honest about their concerns and needs. It is also important to listen to the other parent’s perspective and be willing to compromise.
• Not seeking professional advice – Creating a parenting plan can be complex, and it is important to seek professional advice. An experienced family law attorney can help you navigate the legal system and ensure that your parenting plan meets the legal requirements of Illinois.

Contact a Wheaton, IL Family Law Attorney

Contact the DuPage County family law lawyers with Andrew Cores Family Law Group for additional information. Call 630-871-1002 for a free consultation.