The Benefits of Collaborative Law When Divorcing in Kane County  

 Posted on September 23, 2022 in Chicago divorce attorney

Collaborative law is a type of Alternative Dispute Resolution (ADR) in which both parties and their lawyers agree to settle disputes outside the courtroom. With collaborative law, divorce proceedings can be amicable. Eliminating litigation can also result in a more economical and expeditious divorce that mitigates acrimony. The collaborative law model encourages parties in family legal proceedings to responsibly and respectfully resolve their disputes. The best interests of the child is always at the forefront of every collaborative law conflict. Negotiations and mutually created outcomes are prioritized. Skilled in this type of dispute resolution, a collaborative law lawyer can help facilitate a shared resolution and fair divorce agreement.

Ten Elements of Collaborative Law

Collaborative law divorce attorneys are trained to qualify for this dispute resolution discipline. Through the collaborative process, divorcing spouses may be able to negotiate an agreement regarding property division, child custody, and other divorce matters. Collaborative law includes the following elements:

1. Each party must consent to the collaborative divorce law process.

2. Once collaborative lawyers are retained, the divorcing spouses sign an agreement stipulating their commitment to this type of divorce proceeding.

3. Lawyers and other parties of a collaborative law divorce may recruit specialists, such as financial advisors and therapists to aid in the decision making.

4. The collaborative process is confidential.

5. Each party complies to provide and share important information, like financial statements.

6. Mediators cannot participate in the collaborative law process but the parties’ respective attorneys can provide assistance and guidance during negotiations and discussions.

7. If the collaborative process fails, the divorcing spouses must transition to litigation and their collaborative lawyers are not permitted to represent them.

8. Each party must be committed to transparency.

9. Resolutions must be mutually negotiated and decided.

10. Once an agreeable settlement is reached, the collaborative law attorneys draft the agreement for the judge to finalize.

Seven Advantages of a Collaborative Law Divorce

1. Post-divorce courtroom disputes between parties are unlikely when a collaborative divorce is achieved.

2. Although a judge must finalize a collaborative law divorce, the divorcing spouses establish their divorce decree, not the judge.

3. Collaborative law divorces remain private, outside of the public record.

4. Collaborative law divorces safeguard children and support and prioritizes their needs.

5. Parenting time and parental responsibilities can be established in a collaborative divorce, which encourages amicable co-parenting.

6. A collaborative law divorce is more cost-effective than a courtroom divorce battle.

7. Collaborative law divorces are more efficient than time-consuming traditional ones.

8. Collaborative law divorces accommodate both parties and foster transparency and lasting settlements.

9. Each party shares the fees of any specialist hired during the collaborative law divorce proceeding, such as a divorce coach.

10. Collaborative law divorces encourage civilized negotiation rather than retribution.

Contact a Collaborative Lawyer in DuPage and Kane Counties

At The Law Office of Matthew M. Williams, P.C., reliable family law attorney Matthew M. Williams has fifteen years of experience in dispute resolution. Certified and proficient in both collaborative and cooperative law, Matthew M. Williams offers convenient payment plans and sensible retainers. He advocates for peaceful solutions and customizes his strategies to the needs of his clients. If you wish for your divorce proceedings to be affordable, expedited, and harmonious, contact an Aurora collaborative lawyer at 630-409-8184.

Sources:

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

https://www.americanbar.org/groups/dispute_resolution/resources/disputeresolutionprocesses/collaborative_law/