The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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The difficulty level of your divorce depends on a variety of factors, but perhaps one of the most important aspects is how much you and your spouse are willing to cooperate with one another throughout the process. If you and your spouse agree to be amicable, your divorce will be much less stressful. It can be frustrating when you are trying to facilitate cooperation while your spouse has made it clear that he or she is refusing to compromise. Dealing with a combative spouse can not only make your divorce much more taxing, but it can also bring about issues that are not typically found in amicable or uncontested divorces. If you are facing a contentious divorce, you may want to take the following steps to ensure that you can resolve your disputes effectively:

Know What Your End Goal Is

In most modern divorces, rather than going to court, many spouses work together with the help of their respective attorneys to settle their divorce issues. However, some couples who simply cannot come to an agreement may end up having to go to court so a judge can make decisions on their behalf. However, it is often best to try to avoid a divorce trial if possible. Even though you and your spouse may not see eye to eye on every issue, resolving your disputes outside the courtroom can save a great deal of time, expense, and emotional anguish.

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DuPage County divorce litigation lawyerContrary to what many people think, there is more than one way to get a divorce. Traditionally, divorces have been negotiated and issues decided between the two spouses and their attorneys. Occasionally, the court system would be involved if the spouses could not come to an agreement on certain issues. In recent years, alternative forms of dispute resolution, such as mediation or collaborative law, have become popular ways of completing a divorce. While it is true that divorces are often less stressful and much less expensive if you choose one of those alternative forms of divorce, they are not for everyone. Mediation and collaboration may be preferable, but when is it necessary to skip over the niceties and head straight for litigation? Here are a few signs that indicate a litigated divorce could be your best option:

  1. You and Your Spouse Have Trouble Communicating

It is usually agreed upon by divorcing couples that either mediation or collaboration is ideal when it comes to divorce. Even many divorce lawyers will attest to the fact that mediated or collaborative divorces typically produce more satisfactory results. The thing to keep in mind is that those types of divorces are usually only successful if the spouses are in agreement about getting a divorce and they can communicate effectively with one another. If you cannot talk to your spouse without arguing, you may want to consider the litigated divorce option

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mediationWhen you think of divorce, you might think of litigation in a courtroom with a judge handing down decisions, or a couple in a lawyer’s office arguing with each other, voices raised, about who gets to keep the family home. While popular culture would lead you to believe this is how divorce is, in reality, it does not have to be that way. When you think of getting a divorce, you do not have to go the traditional litigated route - you have options. One of those options is to go with a collaborative divorce, or one in which you both work together to settle your disputes outside of the courtroom. This has turned out to be beneficial for many couples for many reasons. Here are a couple of reasons why you should consider going with a collaborative divorce:

The Process Can Be More Affordable

Because you are settling issues in various meetings, rather than in the courtroom, you are not having to pay court costs and fees every time you try to settle something. Rather, you can make it a point to come to a decision about certain things during each meeting, cutting down on the number of meetings you will actually need to have.

You Have More Control Over Your Outcomes

One of the main benefits of collaborative divorce is the ability to actually control what happens to you and your family’s futures. In a collaborative divorce, both you and your spouse work with your separate attorneys to come to a decision on certain topics that will most benefit your family. In a litigated divorce, the judge will make decisions for you in accordance with state laws if you and your spouse cannot come to a decision on your own. Often times, the decision that the judge makes is not necessarily in you or your family’s best interest. Collaborative divorce allows you to do what is best for your situation.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,It has often been said that breaking up is hard to do. This can be especially true if you are getting a divorce, which has emotional and financial impacts, not to mention the life upheaval it brings. Not all divorces have to be full-on feuds, though. A form of alternative dispute resolutions, a collaborative divorce is designed to keep the peace between separating spouses and come out on the other side with a settlement that is mutually agreeable. What Is Collaborative Divorce?

The theory behind a collaborative divorce is that both spouses will work together (or collaborate) to come to an agreement that they can both be satisfied with. Both spouses have their own lawyers, much like a traditional litigated divorce. Rather than deciding issues in court, the collaborative process takes place in private meetings between the two spouses and their lawyers where the group negotiates their issues, rather than having a judge decide their outcomes. Collaborative divorce begins with both spouses sign an agreement stating that they will:

  • Not go to court;
  • Be honest with one another and foster communication; and
  • Take a problem-solving approach to their divorce.
Collaborative Law Professionals

In addition to their separate attorneys, couples who are using the collaborative model for divorce also have a team of trained professionals to guide them through the different issues that a divorce comes with. These professionals might include:

  • A financial planner;
  • A child psychologist;
  • A family therapist;
  • A real estate broker; and
  • A parenting coordinator.
Financial Benefits of Collaborative Divorce There are many benefits of a collaborative divorce, such as increased control over your outcomes, a speedier timeline and much less stress and anxiety than a litigated divorce. One benefit that not many people think about is that it can be financially smart, too. Litigated divorces often add up in costs very quickly. In a litigated divorce, you are responsible for all court costs and fees every time you appear in court to decide an issue. With collaborative law, you decide all of your issues before you step foot in a courtroom. Contact a Trained Naperville Collaborative Divorce Lawyer

Collaborative divorce can greatly reduce the strain and emotional impact that divorce has on a person. Because of the nature of collaborative divorce, spouses are required to work together to solve their issues--not fight about them. This creates a more communicative nature between the spouses, which increases the likelihood of successful post-divorce outcomes. Your first step in beginning the collaborative divorce process is finding a Kendall County collaborative divorce attorney. The Law Office of Matthew M. Williams, P.C. can help you take the first steps toward a fair divorce. To set up a consultation, call 630-409-8184.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When it comes to divorce, the laws pertaining to alimony, asset, and property division, child custody and support and other related issues can vary from state to state. The differences between one state and the other might be enough for some to take their divorce on a road trip.

Facts About Divorce in Illinois

While divorce laws tend to vary from state to state, it is important to know the laws that oversee such matters here in Illinois. Here is a quick summary of some of the basics.

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how long, divorce, DuPage County Divorce AttorneyWhen most couples decide to pursue a divorce, they do so in the hopes that the process will be completed as quickly as possible. The partners are ready to be done with the marriage and move forward into the next stage of their lives. While they may recognize that certain aspects of the proceedings will take time, many often underestimate how long the process will last and may be unprepared for a drawn-out undertaking.

The length of the divorce process is entirely dependent on the circumstantial factors involved. A couple may have relatively few issues to work through, or they may have a large marital estate, children, and myriad other considerations to be made. Regardless of the number of concerns facing the parties, their ability to work together will generally have biggest impact on how long the divorce will take.

Uncontested Divorce

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collaborative divorce, Illinois divorce attorney, Illinois marital law,There may be a solution for separated couples who are looking for the legal formality of a divorce decree but do not want to go to divorce court. A collaborative law proceeding results in the finality of a litigated solution without the antagonism and negative emotional fallout so often associated with a traditional divorce. Collaborative law is not for everyone, but it may be the right solution for you and your family.

What is Collaborative Law?

Divorce litigation often begins with a preliminary hearing, at which a judge hears arguments then make a decision. The collaborative law model is completely different. The process begins when the parties meet face to face in a small, informal setting outside a courtroom. There is no judge, no court reporter, and no legal wrangling. Instead, the husband and wife map out plans for the end of the marriage, the fair division of assets and the future of their children.

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healthy divorce, DuPage County divorce attorney, collaborative law, alternative dispute resolutionNo one thinks on their wedding day that their marriage is going to fail. Unfortunately, many marriages do fail, whether that’s in the first five years or later down the road. The end of a marriage can wreak havoc on the individuals involved, both emotionally and physically.

Even after you have had some time to move on from the divorce, your feelings of sadness, lonliness and anger can creep up and catch you off guard. Recognizing these responses is normal, and it is part of the growth process that allows you to move on.

Even though there are emotional challenges with the end of any marriage, it is possible to have a healthy divorce.

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Collaborative Divorce May Be BetterNot all divorces have to be the ugly blow-up they’re stereotyped as. In many cases, even if you’re not on good terms with your soon-to-be ex spouse, it’s possible to make it through the divorce on good terms as the last amicable thing you’ll do together. If you don’t share children this is easier, but it’s possible in any circumstance. This is what’s known as a collaborative divorce. While it may seem too optimistic, many couples opt for collaborative law in an effort to stave off the extreme cost of divorce and keep things simpler and happier. After all, you managed to agree that you both wanted to split. Why not make an effort to agree on the terms of said split?

According to US News and World Report, a collaborative divorce is based on the “concept that you were partners—even if not good ones—throughout your marriage and you should be able to end it together as well.” This applies to all aspects of the divorce, including property division, division of assets, and determining child custody. “Most people can agree that litigation is a terrible process for a family to endure,” one lawyer told US News and World Report. “The collaborative process if one of the most productive ways to divorce when it works.”

Yet the publication is quick to remind readers that even a collaborative divorce doesn’t guarantee a happy one. Chances are, even if you opt for mediation, working together with your spouse in the one last process you’ll undertake together won’t be easy. This could be one reason that the number of people who opt for collaborative divorces is still low. “For instance, according to the Wisconsin Law Journal, Waukesha County had 3,862 divorces from 2010 to 2012; during that period, there were only 62 collaborative divorce cases filed,” reports US News and World Report.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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