What To Know About Collaborative Divorce in Wheaton, IL

 Posted on November 22, 2022 in Collaborative Law

Collaborative divorce in Illinois aims to support those who choose to leave their marriage while preserving their family. With a collaborative divorce, disputes are resolved outside of court by cooperatively negotiating fair settlements between the parties and their lawyers. Instead of contentious negotiations and solutions enforced by the court, the emphasis is on constructive problem resolution based on the unique and common values of divorcing couples.

More and more divorce cases in Illinois are being handled collaboratively, particularly since the Illinois Collaborative Process Act was adopted in 2018. At the Andrew Cores Family Law Group, our collaborative divorce lawyers have the experience to help you resolve your divorce without using an adversarial litigation process.

Because the parties agree not to litigate, a collaborative divorce could be more affordable than a typical divorce. If the collaborative procedure is unsuccessful, both attorneys are required to resign from your case. This is confirmed in a signed agreement by the attorneys and both parties. Because it allows for more innovative solutions to a family's challenges, the collaborative procedure could also take less time than a trial.

How is Collaborative Divorce Different from Traditional Divorce?

Collaborative divorce differs from a typical divorce in many ways, the most important being that each party in the process is focused on finding solutions to a couple’s problems while avoiding confrontational court procedures.

Couples often opt to move through a collaborative divorce using the help of professionals besides just their attorneys. For example, if a couple shares underage children, they might hire a family therapist, a child psychologist, and/or a child custody specialist who can help the parents create a parenting plan that considers the child’s best interests while protecting the child’s feelings during the divorce.

A couple who has a significant asset portfolio might hire accountants and wealth management experts to help them divide their assets fairly and preserve their wealth as much as possible. Couples may also have divorce coaches who keep them focused on the process while avoiding interpersonal conflict. While these are just a few examples, the overall benefit of collaborative divorce is that it allows a divorcing couple to build a team of assistants to help them move through the divorce process peacefully.

The Difference Between Collaborative Divorce and Cooperative Divorce

The main distinction between a cooperative divorce and a collaborative divorce is that if the cooperative process fails and litigation becomes necessary, the attorneys are not required to sign a contract forcing them to resign as counsel.

A cost-effective settlement may be more likely to result from a collaborative divorce than from a cooperative divorce. A collaborative divorce could ultimately cost more money than a cooperative divorce or a traditional divorce, though, if the procedure is unsuccessful.

Contact a Wheaton, IL Collaborative Divorce Lawyer

If you prefer to have a collaborative divorce rather than a contentious one, you should contact a  Wheaton collaborative divorce attorney who will help you protect your interests. Call Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation to learn how we can protect your rights during the divorce process.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000