Can the Collaborative Process Work for My Illinois Divorce?

 Posted on December 11, 2020 in Collaborative Law

For hundreds of years, or perhaps even longer, the concept of divorce has carried a negative connotation. Even in today’s society, divorce has become more commonplace and many people have no issue with it; however, there are still people who firmly believe that divorce is inherently negative. It is true that divorce can leave lasting negative effects on you and your family, but there are things you can do to mitigate those effects and prevent them from ever happening in the first place. One of the most basic changes to many modern-day divorcees is simply the method by which the divorce is completed. Forms of alternative dispute resolution (ADR), such as the collaborative divorce process, have proven to be effective and beneficial, especially for families with children. Unfortunately, not every couple is suited for ADR or the collaborative divorce process, in which case you will need an experienced Illinois divorce attorney to help you.

Understanding the Collaborative Divorce Process

A collaborative divorce, or any type of ADR, is a viable option that any couple should consider when choosing a method for divorce. Collaborative divorce has been becoming increasingly popular in the past couple of decades, likely because there are many benefits that are especially attractive to families with children. In a collaborative divorce, not only do you and your spouse each have your own divorce attorneys, but you also have a team of various professionals to help you reach an agreement on all pertinent issues while keeping the negotiations out of the courtroom.

What Happens If the Process Fails?

When you first choose to use the collaborative process to end your marriage, you and your spouse must sign what is called a participation agreement, which is a legally binding document that you and your spouse must review and sign before you can begin any of the negotiating. The participation agreement contains important information to which you and your spouse must agree and adhere, such as:

• Not taking the divorce to court, other than to finalize it

• To work together respectfully and honestly

• To do your best to come up with agreements that are in you and your children’s best interests

• To voluntarily produce all pertinent information and financial documents needed

If the terms of the participation agreement are broken, the response is typically dependent on the situation at hand and which terms specifically were broken. Many times, even if a spouse does not cooperate at first, he or she can be convinced to cooperate after taking a break or time off from negotiations or even attending arbitration or mediation. Taking the case to court is a last option and is only utilized when all other options have been exhausted. If the case does end up going to court, the couple is not permitted to keep their attorneys or any of their collaborative law professionals. Each spouse must find a new attorney and new professionals must be hired if so desired.

Discuss Your Situation With Our Batavia Collaborative Divorce Attorney

Ending a marriage is a stressful and emotionally painful decision, no matter which process you choose. At the Law Office of Matthew M. Williams, P.C., we understand how difficult it can be to determine the best type of divorce process for your specific situation. Attorney Matthew Williams has trained as a collaborative lawyer and has handled more than a thousand litigated divorces, giving him the experience he needs to best serve you. To discuss your case with our knowledgeable Kendall County collaborative divorce lawyer, call our office today at 630-409-8184 to schedule an initial consultation.

Sources:

https://collaborativedivorceillinois.org/how-collaborative-divorce-works/

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