Exploring the Benefits of Collaborative Divorce for Parents

 Posted on July 06, 2022 in Chicago divorce attorney

When you share children with your spouse, getting divorced is much more complicated legally, financially, emotionally, and logistically. If you are a parent getting divorced, you may understandably be worried about how the split will affect your kids. You may also have questions about property and debt, child support, and a host of other concerns.

Collaborative law offers divorcing couples an opportunity to resolve divorce issues without resorting to litigation through the courts. For parents, collaborative divorce is a great way to negotiate divorce terms while preserving a decent relationship with the other spouse for co-parenting purposes.

Cooperative Discussions of Divorce Terms

To get divorced, you and your spouse will need to agree on the terms of the divorce. Who will remain in the marital home? Who will keep which vehicle? What about retirement funds? How will you divide parenting time with the children? These are not simple questions to answer. Fortunately, collaborative divorce gives spouses the opportunity to discuss these issues in a non-adversarial way.

Understanding the Collaborative Agreement

Before the collaborative divorce process begins, couples sign a “collaborative agreement” or “participation agreement.” The spouses, their attorneys, and any other participants agree to:

• Maintain civility and respect

• Work cooperatively toward a resolution on the unresolved divorce issues

• Share any relevant information or documents freely

• Negotiate in good faith

• Keep any information shared during the collaborative process confidential

• Keep the divorce case out of court

In an Illinois collaborative divorce, each spouse is represented by his or her own attorney. However, the attorneys are not pitted against each other. Instead, collaborative lawyers are focused on reaching a mutually agreeable solution and protecting their client’s best interests. If the collaborative process fails and the couple decides to proceed with litigation, they must retain new attorneys.

Prioritizing the Children’s Best Interests

One of the best things about collaborative divorce is that spouses can gain insight from their attorneys and other professionals. For example, a couple with a special needs child may work with a child psychologist or child specialist to ensure that custody decisions take the child’s needs into account. Couples with complex financial portfolios may work with appraisers, accountants, or other financial experts.

Contact an Aurora Collaborative Law Divorce Lawyer

Divorce does not have to be contentious. If you want to learn more about how collaborative divorce can help you and your family, contact the Kane County collaborative divorce attorneys at The Law Office of Matthew M. Williams, P.C.. Call 630-409-8184 to set up a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000