What Are the Benefits of the Collaborative Divorce Process in Illinois?

 Posted on April 27,2020 in Collaborative Law

What is the first thing that comes to your mind when you think of divorce? You probably think of a couple who is frustrated, upset, or hostile toward each other, in and out of courtrooms, and fighting over every single little issue. While it is true that some partners can be very stubborn and combative, many spouses are not that adversarial with one another. In fact, the majority of divorces only require one courtroom visit, which is to have a judge finalize and sign your divorce decree. Depending on your relationship with your soon-to-be ex-spouse, you may be able to benefit from the collaborative divorce process.

What Is a Collaborative Divorce?

In a traditional litigated divorce, each spouse retains his or her own attorney who is present to advocate for his or her best interests. First, the lawyers attempt to conduct negotiations privately, but if there is too much disagreement between the spouses, then the proceedings are taken to court, where a judge determines the outcomes of the matters that need to be resolved, including the division of property and child-related issues such as parenting time.

In a collaborative divorce, each spouse also has his or her own attorney, but before any negotiations take place, both spouses, along with each spouse’s attorney, signs a contract stating they will do their best to ensure the divorce stays out of court. This is the main difference between a litigated divorce and a collaborative divorce. The spouses and their attorneys, along with a team of various other professionals, will tackle the divorce issue by issue until they come to an agreement on the terms of the settlement. 

Why Choose Collaborative Divorce?

Many people wonder why they should choose a collaborative divorce over any other type of divorce. With a collaborative divorce, the process works best if you and your spouse have issues that you do not agree on, but you are willing to negotiate and settle amicably. Other reasons why people choose collaborative divorce include:

• Costs are lower than a divorce that requires constant court intervention.

• Spouses have greater control over the outcome of the issues that come along with a divorce.

• The tension and stress levels experienced by the involved parties are minimal. 

• Spouses can focus on meeting the needs of the family.

• It provides the ability to control the pace at which the divorce proceeds.

• It allows children to adapt to the divorce and subsequent transition better.

Contact a Batavia Collaborative Divorce Lawyer 

If you and your spouse are considering filing for divorce, you should speak with a skilled Kane County collaborative divorce attorney. At the Law Office of Matthew M. Williams, P.C., we believe that some of the best divorce agreements are created when both spouses provide input and are able to agree upon the outcome. Attorney Matthew Williams has trained as a collaborative lawyer and has handled numerous types of divorce cases. To schedule a private consultation, call our office today at 630-409-8184.

Sources:

https://www.liveabout.com/things-you-need-to-know-about-collaborative-divorce-1103296

https://www.law.cornell.edu/wex/collaborative_divorce

https://money.usnews.com/money/personal-finance/articles/2013/08/19/why-a-collaborative-divorce-makes-financial-sense