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What Are the Benefits of a Collaborative Divorce in Illinois?

Posted on in Divorce

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Collaborative divorce is a process during which divorcing spouses, their attorneys, and other relevant professionals work together to reach an agreement about unresolved divorce issues. When spouses use collaborative law to settle the terms of their divorce, they avoid stressful courtroom litigation while still benefiting from their lawyers’ legal guidance and protection. Collaborative divorce may be right for you if you and your spouse do not see eye to eye regarding the terms of your divorce but you are willing to negotiate these issues amicably and cooperatively. The collaborative law process may help you and your spouse reach an agreement about the division of marital assets, child custody, spousal maintenance, and more.

What Happens During a Collaborative Law Divorce?

If you choose to use collaborative law to settle your divorce, you and your spouse will each hire your own attorney. Before you meet as a group, you and your lawyer will meet to discuss what you would like to achieve in the settlement as well as any concerns you may have. Next, the spouses and their respective lawyers will sign a “Participation Agreement” in which they agree to freely exchange information, negotiate in good faith, and cooperate in the collaborative divorce process. The spouses and attorneys will then hold a series of meetings aimed at reaching a resolution. Other professionals such as financial advisors, accountants, and child specialists may also participate in the collaborative divorce process.

Advantages of Using Collaborative Law to Settle Your Divorce

Collaborative divorce meetings are informal in nature, do not take place in a courtroom, and are not open to the public. Spouses are able to freely discuss their divorce issues in a cooperative, productive way. Lawyers representing clients during a collaborative divorce are not focused on helping their clients “win,” but are instead focused on reaching workable solutions. Collaborative law is often especially beneficial when divorcing spouses have children because the spouses can work together to reach an agreement about the allocation of parental responsibilities and parenting time that benefits them as well as their children. Parents who reach their own agreement about child custody are often more likely to comply with the terms of the agreement than if a judge decides a custody arrangement. If a settlement cannot be reached during the collaborative law process, the spouses’ lawyers are typically barred from representing the spouses during litigation. This means that your lawyer will be just as motivated to reach a settlement as you are.  

Contact a DuPage County Collaborative Divorce Lawyer

Divorce does not have to be hostile. To learn more about the collaborative divorce process and to discuss whether or not a collaborative divorce may be right for you, contact Botti Marinaccio, LTD. Our skilled and dedicated Burr Ridge divorce attorneys are well-versed in Illinois divorce laws and will work tirelessly to protect your rights throughout the proceedings. Call our office today at 630-575-8585 to schedule a confidential consultation.

 

Sources:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59
https://www.kiplinger.com/article/retirement/t065-c032-s014-how-do-you-win-at-divorce-stay-out-of-court.html

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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