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What is a Collaborative Divorce?

Posted on in Divorce

kane county divorce lawyerGoing through a divorce can be an extremely stressful time. More and more couples are searching for a non-adversarial way to get a divorce. One effective way to do this is through the process of collaborative divorce.  

What is Collaborative Divorce? 

A Collaborative Divorce is a process in which the parties involved and their attorneys are not required to appear in court. During a Collaborative Divorce, both spouses work with a collaborative team. Collaborative Divorce teams require an attorney for each spouse and generally include a divorce coach, who is a collaboratively trained mental health professional. Teams can also include a child coach and a neutral financial specialist. The couples who choose to divorce this way will avoid litigation.

What Steps do Couples Need to Take in a Collaborative Divorce? 

The first step in getting a Collaborative Divorce is finding attorneys trained and qualified to facilitate this process for each spouse. Each spouse has their own attorney.

At the beginning of the process, the spouses and their attorneys sign a participation agreement, pledging that they will not go to court during the collaborative process. This is an incentive to work together, as it reinforces the idea of solving problems rather than going to court and being ordered to do something by a third party in a public forum.

Next, the spouses will work with their team to negotiate a fair settlement. 

In Collaborative Divorce, the parties agree to make a full and honest disclosure of their finances and work together to divide income, assets, and debts using a holistic approach. Parties also work together with the collaborative team to create a post-divorce parenting agreement. 

Once both parties reach an agreement, the attorneys will put the terms of divorce into legally binding documents. 

BENEFITS OF A COLLABORATIVE DIVORCE

There are many benefits to going through the divorce process in this way. A Collaborative Divorce can decrease the stress and animosity of a divorce. It also allows the spouses to control the pace of the divorce instead of a judge. Collaborative Divorce allows the spouses and attorneys to work together to negotiate a fair settlement rather than having a judge impose orders after an adversarial court hearing. This process recognizes the advantages of having the spouses create an agreement that is tailored to their family. A Collaborative Divorce also can set the foundation for a healthy co-parenting relationship moving forward. 

 If you are interested in pursuing a Collaborative Divorce, the lawyers of Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel, P.C. can provide you with legal help and representation. Contact our trained collaborative divorce attorneys at 847-695-2400 to schedule a consultation.

 

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