Collaborative Divorce: Working Together for a More Amicable Separation

 Posted on May 17, 2023 in Collaborative Law

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:

It Is Different from a Traditional Divorce 

The collaborative divorce process is different from a conventional divorce. For one thing, unlike the latter, each party involved in the process is determined to find solutions to the couple's issues without involving contentious court procedures, which can also prove costly.

Besides attorneys experienced in family law, a collaborative divorce can include parenting, financial, and mental health professionals who can coach both parties. For example, a child custody specialist can help the parents develop a parenting plan that protects their child’s best interests and feelings during the divorce. Similarly, a divorce coach can keep the couple focused and prevent interpersonal conflicts.

In other words, unlike traditional divorce litigations, the clients control the outcome in collaborative law.

Focuses on Solutions Rather Than ‘Wins’

A collaborative divorce emphasizes constructive resolutions based on the common and unique needs of the divorcing couple. During the procedure, each spouse's attorney and other participants sign a 'collaborative agreement.' In this agreement, the parties agree to the following:

• Negotiate on unresolved issues regarding the divorce.

• Exchange necessary documents and information freely

• Keep all negotiations and discussions confidential.

• Keep the case out of court

The main goal is to reach a mutually agreeable resolution so both parties can finalize their divorce and move on.

Empowers Divorcing Parties

One of the best benefits of a collaborative divorce is that it empowers divorcing parties – they are allowed to make their own decisions regarding custody, support, property division, and other critical aspects without the intervention of a judge. The final decisions rest in the hands of clients, not the court.

Attorneys proficient in collaborative law helps their clients develop a formula for settlement and testing proposed solutions before they are finalized. They also offer guidance and support and voice their opinions based on their client’s needs and interests.

Contact a Wheaton Collaborative Divorce Lawyer Today

Your divorce does not have to be contentious. Protect your family and future by opting for a collaborative process. Contact us for a free consultation today with Wheaton collaborative divorce attorneys by dialing 630-871-1002.

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