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Family Law Collaborative Divorce

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Collaborative Divorce

Collaborative Divorce

Divorce is often associated with an adversarial process and courtroom battle during which all the details of your personal life and marital struggles will come out. However, not every divorce has to be this way. There are options to minimize conflict and promote compromise in a divorce case, and one such option is called collaborative divorce. 

To learn more about whether collaborative divorce might be suitable for your situation, contact a collaborative divorce lawyer at SAM LAW OFFICE, LLC today. 

Overview of the Collaborative Divorce Process

Collaborative divorce is a relatively new method of addressing the issues in a divorce case while preventing the need for court intervention. There are different steps in a collaborative divorce case, such as:

  • Each spouse and their respective attorneys sign a collaborative divorce agreement (also called a participation agreement). This agreement states that the spouses agree not to litigate any matter in the divorce.
  • The attorneys tap into their networks of professionals to help guide negotiations and cooperation. These might include economic or valuation experts, child specialists, and others who can weigh in on asset division, alimony, and parenting matters.
  • The spouses work to reach mutually agreeable settlements regarding all relevant issues in the divorce. These might include property division, child-related matters, and spousal maintenance
  • Once agreements are reached, the attorneys will draft a settlement agreement to present to the court. 
  • If the family court approves the agreement in line with Illinois law, it will incorporate the agreement into your final divorce judgment. 

Each couple can design their own path to collaboration and a resolution of their divorce issues, so each case will be different and unique based on your circumstances. 

Is Collaborative Divorce Right for You?

Whether collaborative divorce will work depends on your divorce goals and the specific issues that might come into play in your case. Some signs this solution might work for you include:

  • You want to preserve a civil relationship with your former spouse, which is common if you will be co-parenting children
  • Process your divorce faster
  • May save money on the divorce process
  • Ensure both you and your spouse get fair outcomes in your divorce

There are also some situations where a collaborative divorce will likely not work. Some signs this might be true include:

  • You believe your spouse might be hiding assets or acting fraudulently to gain an advantage
  • Your spouse engaged in domestic violence or is a threat to your safety
  • Your spouse has a substance abuse problem or mental disorder that makes them unreliable or makes productive cooperation impossible

If you face challenges from the start, it might be better to take a more traditional approach to divorce. This is because if you are unsuccessful in reaching all necessary agreements in collaborative divorce, you will be required to each find new attorneys and start your case over in court.

Contact a Collaborative Divorce Lawyer for More Information

If you’re wondering about your divorce options, don’t hesitate to discuss collaborative divorce with SAM LAW OFFICE, LLC. Please contact us so we can assess your situation and advise you of what you might expect in a divorce case.

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