The Illinois Collaborative Divorce Process & Benefits

The Collaborative Process in Illinois

The process is straightforward thanks to the Illinois Collaborative Divorce Act. Although collaborative divorce works and provides more ease than traditional litigation, each divorcing couple should seek a collaborative lawyer who is immersed in collaborative law. By hiring their own attorneys for a collaborative divorce, the couple ensures that they are thoroughly represented for their own interests.

Each divorcing spouse will hire their own collaborative attorneys.

The divorcing parties will need to hire their own collaborative lawyers to represent them. A collaborative practice law firm will sometimes include a collaborative divorce team which will be made up of attorneys and other professionals. Team members in a collaborative practice may include child specialist, financial specialist, trained mediator, realtors who act as specialists, or other professionals.

It is important for each collaborative lawyer to act as a divorce coach throughout the process. The process of coaching must be from the utmost professional viewpoint. The attorney must have experience with various family law issues including:

• domestic violence
• high net worth divorce cases
• issues with minor children
• child support
• post-settlement disputes
• child custody
• divorce settlement
• mediation

Another significant benefit for a divorcing couple to look for in a collaborative practice is whether or not they handle post-settlement disputes. The reason this is so beneficial is that there is always a risk that lawyers within collaborative law may not foresee or analyze post-judgment issues. A law firm that has significant post-judgment experience is vital to thoroughly represent their party within the mediation.

The attorney will need to work together throughout the collaborative divorce. The collaborative attorneys in this matter may not be used in contested litigation. That means that if there is a breakdown in the negotiation process and the parties begin litigation, both spouses will need to hire new lawyers.

When finding the right collaborative lawyers to represent you, you should speak with Chicago Family Attorneys, LLC. Our lawyers and staff have direct communication, great collaborative law experience, skilled negotiation skills, and we are thoroughly immersed in the court system.

A Collaborative Process Agreement Will Be Signed

Within the collaborative process participation agreement, the parties agree not to go to court during or after the process but instead focus on resolving issues between them. If the parties appear in court, it will only be for the opportunity to gain a final judgment. This agreement must be entered into by each spouse's attorney. The parties and their attorneys sign the agreement at the beginning of the collaborative law case.

Negotiation of Terms Within The Matter

Each spouse and their collaborative attorneys will work together to negotiate an amicable resolution of all issues in the collaborative divorce agreement. The issues that must be worked on will be vital to resolving any concerns between the parties. If all issues are not addressed, there is a possibility that there may be contested issues in the future and the couple may need to return to court.

Once an agreement is reached, a marriage settlement agreement is drafted and it is signed by both parties and filed with the court for approval. The agreement must be reviewed by a judge to ensure that there is a valid agreement per the Illinois Marriage and Dissolution of Marriage Act.

Each lawyer and party within the matter will need to work toward a reasonable judgment for dissolution. In order for a judgment for dissolution to be enforced, it must be conscionable and the parties must have been aware of what assets and debts both spouses have that are considered marital and non-marital property.

This process is a lot easier than a contested matter whereby tens of thousands of dollars may be spent and long hours of fighting may occur in court. The benefits of collaborative divorce far outweigh the benefits of a contested divorce matter so long as both of the parties are reasonable and agree on the terms.

After the Collaborative Divorce, Documents Will Be Drafted

The collaborative divorce lawyer will draft a collaborative divorce agreement and any other documents required by the court. These documents will be essential in having a judge decide your matter and ultimately grant you the divorce to dissolve your marriage. The terms that are set out within the proposed judgment and other documentation must be conscionable. That means that they must be fair and justice must be given to both of the parties.

The Benefits Of Collaborative Divorces

Collaborative Divorce Is Less Stressful And Financial Savings

Collaborative divorce is a growing trend among couples seeking to end their marriage without going through the costly and time-consuming process of litigation. This alternative form of dispute resolution can help spouses avoid costly court costs, lengthy proceedings, and emotional distress associated with a traditional divorce. Couples who choose this option are usually able to come to an agreement much more quickly and affordably while ensuring that both parties' interests are represented in the outcome. With collaborative divorces, it often only requires two or three meetings between the couple and their lawyers before they reach an amicable settlement without ever stepping foot inside a courtroom.

This can help divorcing couples save time in addition to being able to save thousands in legal fees.

There are several benefits to going through the collaborative process over the traditional court route:

• It is a less expensive option financially as each spouse does not need to spend funds on long extended time of litigation in court between attorneys. This is a major financial incentive for most couples.
• There is less strain emotionally as couples are able to make their own decisions on how they want their marriage to end;
• There is a certain amount of safety for individuals within the process as collaborative attorneys are ethical and have an obligation to act in the best interests of their clients.

Attorney-Client Privilege Applies In Collaborative Divorce

If you are concerned about whether the information within your collaborative divorce will remain confidential, there is little need for concern. The Illinois Collaborative Divorce Act outlines that attorney-client privilege applies and that there will be privacy within the matter.

At Chicago Family Attorneys, we understand the privacy needs of our collaborative divorce clients. Our collaborative divorce attorneys are experienced and knowledgeable in the process and will work with you to ensure that all matters remain confidential.

If you need a collaborative divorce attorney in Chicago, Illinois, contact us today to learn how we can help you reach an amicable settlement with your spouse. We have years of experience helping couples through collaborative divorces and providing them with the best possible legal representation available in Illinois.

The ability for clients to speak with their attorney privately and with confidence is essential in every proceeding. Without this confidence, relevant information may not be given to attorneys which will cause a significant issue in thorough representation. Each client should feel they have the ability to speak freely with their own attorney.

Call us today for more information about collaborative divorces or to schedule a consultation with one of our experienced collaborative divorce attorneys.

What Happens If I Need An Emergency Order During The Collaborative Divorce Process?

If you need an emergency order during the ongoing case, your collaborative attorneys can guide you through this process. If the other party commits an act that impacts the children involved in your case or yourself, it is always best to contact your lawyer as soon as possible.

Your collaborative attorneys can help you with filing for a protective order or any other type of emergency relief that may be necessary if one party is in danger. Depending on the situation, collaborative attorneys may also refer you to mediation or court services for additional assistance.

The collaborative divorce process is designed to lead couples toward an amicable settlement without going to court. However, it is important to note that in some cases outside intervention may be necessary and collaborative attorneys are prepared to assist clients with those matters as well.

Contact Chicago Family Attorneys Today For More Information About Collaborative Divorce In Illinois. Book an appointment online or call us at (312) 210-9614.

10 Collaborative Divorce Frequently Asked Questions (FAQ):

What is collaborative divorce?

A collaborative divorce is a non-adversarial approach to ending a marriage. It focuses on finding an amicable solution that takes into account the best interests of both spouses without the need for court proceedings or lengthy litigation.

By working together, couples can reach an agreement on difficult issues such as child custody, spousal support, and asset division while maintaining respect and civility throughout the process. Collaborative divorce is becoming increasingly popular because it offers an economical alternative to traditional divorce while still offering both individuals the opportunity to have their legal rights protected.

Is there an advantage to choosing a collaborative divorce instead of a traditional divorce?

Yes, there are several advantages to choosing a collaborative divorce instead of a traditional divorce. Collaborative divorce is less expensive, more private, and quicker than a traditional divorce.

It also allows each spouse to maintain control of the process and decisions by dealing directly with each other and their own attorney in order to come to an agreement that is fair for both parties. Because it focuses on cooperating and problem-solving together, it can minimize conflict during the process and be emotionally easier for both spouses.

The attorneys involved in these divorce proceedings are collaborative professionals at managing conflict through a respectful process. This assists the parties in moving forward emotionally.

Additionally, it often leads to better communication between couples post-divorce which can help them move forward in a healthy way.

How long does the process take in an Illinois collaborative divorce?

The process of a collaborative divorce in Illinois can typically take anywhere from three months to a year, depending on the complexity of the case.

The first step is for both parties to meet with their attorneys and discuss goals and issues that need to be solved. After this initial meeting, divorce negotiations begin, which involve meetings between the spouses and their lawyers in order to reach an amicable agreement.

If an agreement is reached, it will then be presented to the court for approval before being finalized. During the entire process, both parties have the right to terminate proceedings at any time.

Are both spouses required to hire attorneys for a collaborative divorce?

Yes, both spouses are required to hire attorneys for a collaborative divorce. This is because each spouse needs legal representation in order to protect their rights and interests throughout the process.

Additionally, attorneys serve as mediators and negotiators to help facilitate negotiations and ensure that the terms of any agreement reached during the proceedings are fair and legally binding. It is important that the attorneys have experience in family law, so they can successfully guide the spouses through all stages of the process.

Does a judge have to sign off on the settlement reached in a collaborative divorce?

Yes, a judge must sign off on any settlement reached in a collaborative divorce. The settlement is reviewed by the judge to make sure that it is fair and legally binding.

If the judge agrees to the terms of the settlement, they will issue an order officially ending the proceedings and making the agreement legally binding. It is important that both spouses fully understand all aspects of the settlement before submitting it for judicial review.

Do I still need to go to court if I choose to pursue a collaborative divorce?

No, a collaborative divorce is an alternative to going to court. This type of divorce allows you and your spouse to reach a mutually beneficial agreement outside of the courtroom.

Instead of going to trial, each party may use mediation, negotiation and compromise to reach an agreement that is legally binding and satisfactory for both parties. However, if an agreement cannot be reached, then it might be necessary for a litigation lawyer to take over the case for a judgment to be issued.

How much does it cost to file for a collaborative divorce in Illinois?

In Illinois, the cost of filing for a collaborative divorce varies depending on various factors. Generally speaking, most couples can expect to pay somewhere between $2,000 and $10,000 in legal fees.

This cost may include lawyer’s fees, court costs and other associated expenses. However, it is important to note that the final cost will depend greatly on the complexity of your situation as well as any additional legal services you may need.

What happens if my spouse and I can’t reach an agreement through the process of collaborative divorce?

If you and your spouse are unable to reach an agreement through the process of collaborative divorce, then it may be necessary for you to continue with a traditional court divorce. In this case, each party would have their own lawyer to represent them in court and present their case to the judge.

The court would then make a decision based on the facts provided. This is why it is important to negotiate in good faith during the collaborative divorce process – as it can save you both time and money if an agreement can be reached without going through court proceedings.

Can assets be divided differently in an Illinois collaborative divorce than they would be in a traditional divorce?

Yes, it is possible for assets to be divided differently in an Illinois collaborative divorce than they would be in a traditional divorce.

Collaborative divorce is based on the idea of amicable agreement, so spouses can work together to come up with their own asset division plan that works best for both parties. This could include creative solutions such as property transfers, cash payments, or other equitable solutions that are not always available in a traditional court-determined settlement.

Ultimately, it is important for couples to remember that all agreements must legally be followed and enforced by the court before they can become final.

Is there any preventative counseling available prior to beginning the process of filing for an Illinois collaborative divorce?

Yes, there is preventative counseling available prior to beginning the process of filing for an Illinois collaborative divorce.

This type of counseling is usually provided by a skilled divorce attorney and is designed to help couples work through their issues before the divorce process even begins. Counseling can also be beneficial in helping each spouse understand the benefits and implications of collaborative divorce as well as what will happen afterward.

Having an understanding of the legal processes involved in a collaborative divorce can provide both spouses with peace of mind during this difficult time. If you need to hire the best divorce attorneys in Illinois for your matter, call us at (312) 971-2581 or book an appointment online.