The Basics of a Collaborative Divorce 

 Posted on January 19, 2023 in Chicago divorce attorney

According to the Illinois Collaborative Process Act (ICPA), “collaborative process” is defined as a “procedure intended to resolve a collaborative process matter without the intervention of the court.” Collaborative divorce involves two parties who are willing to work and respectfully nnegoiate all issues outside the courtroom. A collaborative divorce attorney will represent both parties. The collaborative process consists of multiple meetings in a non-adversarial environment that helps to allow both parties to see eye-to-eye on the looming issues with their divorce, such as the division of assets or parenting time. Collaborative divorce is not for everyone, especially couples who refuse to work together. But, if the parties can work together, a collaborative divorce allows both parties to focus on their needs to move forward into the future.

What to Expect in a Collaborative Divorce

If the parties decide to go forward with a collaborative divorce, each spouse, along with theirr respective lawyers, will sign a participation agreement. This agreement means that all parties will agree to try and solve all marital issues with respectful negotiation. This process focuses purely on each party’s specific needs and interests. If any children are involved, then their best interests will also be a main focus. Once an agreement has been reached, the collaborative lawyers will draft the necessary paperwork and submit the written agreement to the court for approval. If the parties are unable to find an agreement, then the collaborative process will be terminated.

Unlike a traditional adversarial divorce, a collaborative divorce can cost less and be settled more quickly. This will depend on how well both parties can participate and navigate their circumstances.

Should You Get an Attorney For a Collaborative Divorce?

It is highly recommended that you go into a collaborative divorce with an experienced collaborative law attorney at your side. Collaborative attorneys are trained not only to be lawyers, but also to turn win-lose divorces into win-win divorces. If you come across an element in the divorce that makes you uncomfortable, your lawyer will work to change that for your benefit - all while helping to negotiate with the other party so there can be a respectable agreement.

Contact a Kane County Divorce Lawyer

Aurora divorce attorney Matthew M. Williams is qualified to practice collaborative law and can help you resolve your divorce amicably. Doing everything by yourself can leave you feeling like you were not able to end your divorce on a fair note. Contact The Law Office of Matthew M. Williams, P.C. or call 630-409-8184 and get the support you deserve.

Source:

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