The Basics of Collaborative Law in Illinois

 Posted on December 00,0000 in DuPage County divorce lawyer

There may be a solution for separated couples who are looking for the legal formality of a divorce decree but do not want to go to divorce court. A collaborative law proceeding results in the finality of a litigated solution without the antagonism and negative emotional fallout so often associated with a traditional divorce. Collaborative law is not for everyone, but it may be the right solution for you and your family.

What is Collaborative Law?

Divorce litigation often begins with a preliminary hearing, at which a judge hears arguments then make a decision. The collaborative law model is completely different. The process begins when the parties meet face to face in a small, informal setting outside a courtroom. There is no judge, no court reporter, and no legal wrangling. Instead, the husband and wife map out plans for the end of the marriage, the fair division of assets and the future of their children.

If there are issues which require an outside professional, like an accountant, real estate agent or family counselor, the parties hire a single expert and agree to consider that person’s conclusions. After a few meetings, perhaps five or six, the parties are generally ready to present a proposed decree to the judge for final approval.

When they hear about hiring experts and the number of meetings that may be involved, some people think that collaborative law is too expensive. But financial and social professionals are not needed in every case. And, instead of hiring “dueling experts,” the parties pool their resources. As for the time involved, although collaborative law is not a fast-track divorce, it is probably no more time consuming than traditional litigation, at least in most cases.

Some people also fear that their collaborative law attorney may not be an effective advocate for their interests. But even though your lawyer is working closely with your soon-to-be-ex-spouse, that does not mean that your attorney is not looking out for you. On the contrary, by helping you avoid the confrontational aspects of a litigated solution, your attorney is promoting your family’s emotional well-being. And isn’t that what is really important?

For a consultation with an experienced DuPage County family law attorney, contact the law office of Matthew M. Williams, P.C. at 630-409-8184. We offer both collaborative and litigation solutions.