3 Things You Should Consider Before You Choose a Collaborative Divorce

 Posted on December 00,0000 in DuPage County divorce lawyer

In today’s world, there is more than one way to do almost everything, including getting a divorce. Historically, most divorces were litigated, meaning they were settled in court by a judge, rather than between the parties themselves. These days, more and more couples are choosing mediation and alternative forms of dispute resolution when it comes to divorces. One such alternative is a collaborative divorce, which brings many benefits to the table, but this type of divorce only applies to some situations. If you are considering a collaborative divorce, here are a few things you should know:

1. You and Your Spouse Have to Agree to Settle Outside of Court

Before you even begin the divorce process, you, your spouse, and both of your attorneys must agree to settle the divorce in a respectful, honest manner outside of the traditional court system. You will create and sign a document called a Participation Agreement, and this is a legally binding contract. If you fail to settle the divorce through collaboration, you and your spouse will both have to find new counsel and go the traditional litigated route.

2. You Will Have a Team of Professionals Helping You

During a collaborative divorce, you may receive assistance from various individuals who are trained in different disciplines. These professionals will be available to help you and your spouse make important decisions related to their specific fields. Typically, your team of professionals will consist of a parenting specialist, a financial specialist, and a divorce coach. If other situations exist in your divorce, you may also have a business evaluation expert, an appraiser, an estate planning attorney, or an actuary.

3. You Are in Control of Your Divorce

One of the biggest draws to a collaborative divorce is how much control you end up having over the divorce, the settlement, and the entire process. Decisions in a collaborative divorce are typically made in a series of meetings. You can decide how long you want the meetings to be and how often the meetings take place, which can either reduce or extend the time your divorce takes to finalize. You also get to choose how you settle certain issues, which puts you in control of the outcome. If you go the litigated route, you will have a judge deciding how your issues will be settled. In a collaborative divorce, you and your soon-to-be ex can make decisions based on your own needs, with your attorneys’ help.

Contact an Aurora Collaborative Divorce Attorney

For many families, a collaborative divorce can be extremely beneficial and can help everyone receive what they need. However, for couples who are not necessarily on the best of terms, a collaborative divorce may not be the best option. At the Law Office of Matthew M. Williams, P.C., we can help you and your spouse determine the appropriate type of divorce for your situation. Our knowledgeable DuPage County divorce lawyers are here to help you throughout your divorce process. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

https://money.usnews.com/money/personal-finance/articles/2013/08/19/why-a-collaborative-divorce-makes-financial-sense

https://www.huffpost.com/entry/the-collaborative-divorce-a-litigator-explains_b_59fbb3d3e4b01ec0dede40eb

https://www.isba.org/committees/women/newsletter/2008/01/collaborativedivorce