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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DuPage County collaborative divorce attorneyIn recent years, divorcing by means of alternative dispute resolution has become rather popular. Both mediated and collaborative divorces have been the choice of many couples who are looking to get a divorce, rather than using the traditional litigation process. While each type of divorce has its advantages and disadvantages, collaborative divorce can be the answer to many people’s problems when it comes to settling issues and getting the results they want out of the divorce.

What Is a Collaborative Divorce?

The idea of collaborative divorce has existed since the 1980s, although it was only practiced in Illinois beginning around 2002. The Collaborative Process Act was signed into law in Illinois in 2018, and this formally recognized the collaborative process as a means to divorce. When a couple begins the collaborative process, they agree to cooperate in order to resolve the outstanding issues in their divorce. The collaborative divorce process takes place outside of the courtroom, in multiple private meetings. Avoiding litigation is one of the main goals of this process, and a collaborative divorce will often follow several methodical steps:

  1. Make a commitment to avoid litigation. In order to proceed with a collaborative divorce, you must first find a lawyer who is certified to practice collaborative law. That attorney will answer any questions you might have and prepare you for the collaborative divorce process. Once you and your ex-spouse have each found a collaborative divorce lawyer, you will sign an agreement stating that you will do everything in your power to settle any issues outside of the courtroom. This agreement will also state that you will provide each other with full disclosure of financial information, and you will answer any queries or requests honestly and completely. If you are unable to complete the collaborative process successfully, your respective attorneys will withdraw from representing you, and each party will need to find new counsel to represent them in court.

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oral, DuPage County divorce lawyerThere are many alternatives to litigation when it comes to divorce, including mediation and collaborative law. When these alternatives are successful, the parties must still submit a final agreement to the court. A settlement agreement, after all, is a legally binding contract. But at what point is the settlement binding? Can you agree to a settlement and then change your mind at the last minute? A recent Illinois divorce case illustrates how courts may deal with such a scenario.

Court Rejects Husband's Effort to “Back Out” of Agreement

The parties in this case were married for about 16 years. The wife filed for divorce in 2013. Following a lengthy financial discovery process, their case was scheduled for trial at the end of 2015. At a scheduled deposition in October 2015, the parties opted to have a settlement conference instead.

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Posted on in Uncontested Divorce

uncontested divorce, DuPage County family law attorneyDivorce does not have to be bitter and expensive. Many times a couple has the basic agreement worked out before the divorce is even filed. Under Illinois law, it is possible to fairly easily complete an uncontested divorce.

Advantages of Agreement

An uncontested divorce means that the two spouses have no remaining issues to put to rest. They may even file jointly for a divorce and ask the court to approve the agreement they have already worked out in negotiations.

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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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