How Does the Collaborative Divorce Process Work in Illinois?

 Posted on December 00, 0000 in DuPage County divorce lawyer

In recent years, divorcing by means of alternative dispute resolution has become rather popular. Both mediated and collaborative divorces have been the choice of many couples who are looking to get a divorce, rather than using the traditional litigation process. While each type of divorce has its advantages and disadvantages, collaborative divorce can be the answer to many people’s problems when it comes to settling issues and getting the results they want out of the divorce.

What Is a Collaborative Divorce?

The idea of collaborative divorce has existed since the 1980s, although it was only practiced in Illinois beginning around 2002. The Collaborative Process Act was signed into law in Illinois in 2018, and this formally recognized the collaborative process as a means to divorce. When a couple begins the collaborative process, they agree to cooperate in order to resolve the outstanding issues in their divorce. The collaborative divorce process takes place outside of the courtroom, in multiple private meetings. Avoiding litigation is one of the main goals of this process, and a collaborative divorce will often follow several methodical steps:

1. Make a commitment to avoid litigation. In order to proceed with a collaborative divorce, you must first find a lawyer who is certified to practice collaborative law. That attorney will answer any questions you might have and prepare you for the collaborative divorce process. Once you and your ex-spouse have each found a collaborative divorce lawyer, you will sign an agreement stating that you will do everything in your power to settle any issues outside of the courtroom. This agreement will also state that you will provide each other with full disclosure of financial information, and you will answer any queries or requests honestly and completely. If you are unable to complete the collaborative process successfully, your respective attorneys will withdraw from representing you, and each party will need to find new counsel to represent them in court.

2. Pick your divorce team. One of the unique things about collaborative divorce is that you have a team of professionals who will work with you to resolve issues. You can choose specialists to help you come to agreements on certain issues. These specialists may include child therapists, divorce coaches, property appraisers, psychologists, mediators, or even estate planning lawyers.

3. Begin your negotiations. Once you have assembled your team, you are ready to begin making decisions about issues. All of these decisions will be made during the meetings with your spouse and your attorneys. You are supposed to work together with your spouse to come up with arrangements on which you can both agree. Your team of specialists will be there to help you make your decisions based on their area of expertise, and your attorney will be there to help you understand the legal ramifications of your decisions.

4. Finalize your divorce. When you and your spouse have come to an agreement on all of the marital issues that must be settled, your attorney will draft your agreements into legally binding documents that you and your spouse must both sign. Once those documents have both of your signatures on them, they may be filed with the court, and a hearing will be scheduled to finalize your divorce.

Contact a Kane County Collaborative Divorce Attorney

Though collaborative divorces have been around since the 1980s, they are still somewhat uncommon. For some people, a collaborative divorce may or may not work, depending on their situation. At the Law Offices of Matthew M. Williams, P.C., we can guide you through whichever type of divorce you choose, whether that be a collaborative divorce or a traditional litigated divorce. Let our knowledgeable North Aurora divorce lawyer help you work toward a peaceful future. Call our office today at 630-409-8184 to set up a consultation.

Sources:

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0205&GA=100

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

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