Is Collaborative Law an Option for Your Illinois Divorce?
For most people, the word divorce brings to mind images of a husband and wife waging war against each other, fighting over who will get custody of the children, the house, and even the family dog. Divorce, however, does not always have to be so acrimonious, as many couples who decided to go the route of collaborative law instead of traditional litigation have found.
In collaborative law, a couple will work together to mutually decide how all issues will be settled within the parameters of a dispute resolution process. The couple, along with a team of professionals, have complete control over how their marriage will end and all of the inherent considerations. They make the final decisions regarding child custody (parental responsibilities), asset and property divisions, and whatever other issues each individual couple may have to settle.
Reestablishing Important Skills
Not only does the couple maintain control over the process, but the collaborative process also teaches them how to cooperate– an ability that may have been lost as their marriage was disintegrating. Being able to negotiate work together is especially important for divorcing couples with children in order to effectively co-parent.
Assembling the Right Team
Just as with traditional litigation, each of the parties should have their own attorney. However, unlike traditional litigation, the process is not meant to be an adversarial situation. The collaborative law team might also include a mental health professional to help each of the parties work through any emotional issues that may hinder the process, a child development expert to provide family-related insight, and a financial planner for guidance in complicated economic matters. Each member of the team brings a unique perspective along with a dedication to finding a workable resolution quickly.
Investing in the Process
Although the collaborative law process has many advantages over a traditional litigated divorce, it does require a strong commitment on the part of both spouses in order to be effective. Both spouses must be willing to communicate with the other – and not let their attorney do all of the talking. They must also be committed to providing the other with all pertinent documents and information since, unlike traditional divorce, there is no formal discovery options which requires each party to do so.
Call a Collaborative Law Attorney
If you and your spouse have decided to divorce and you think the collaborative law process may be an option, contact an experienced Aurora divorce attorney. Call 630-409-8184 for a confidential consultation at the Law Office of Matthew M. Williams, P.C. today.
Source:
http://www.huffingtonpost.com/brad-reid/a-brief-overview-of-colla_b_10701612.html