Recently, the Illinois Legislature officially eliminated the family law concept of fault-based divorce. Since that time, more and more couples have begun expressing an interest in resolving dissolution issues through the collaborative divorce process. This may be due to the fact that spouses do not have an incentive to seek compensation for the other party’s wrongdoing, which is now no longer relevant in divorce proceedings. Collaborative divorce may be a good option for spouses who wish to come to an amicable agreement and cut down on expenses, save time, and prevent emotional trauma for any children, so if you are considering a divorce and have questions about the collaborative divorce process and whether it is appropriate for you, it is important to speak with an experienced Des Plaines divorce lawyer who can evaluate your case and offer advice.
After each spouse has retained an attorney, they must both sign a binding Participation Agreement that symbolizes the parties’ legal commitment to resolving marital disputes through the collaborative process, which includes honest and respectful negotiations outside of a court setting. Most collaborative divorces involve a team of professionals that are hired by the parties to advise them on divorce-related issues. The most common team members include:
Once any specialists have been retained, the spouses and their attorneys can begin working through the collaborative divorce process. This requires a series of non-adversarial meetings that are structured in such a way that they focus on each spouse’s specific needs and interests. These negotiations proceed at the pace desired by the parties, which helps eliminate the need for repeated court appearances over a period of months or even years.
If a couple is able to reach an agreement on property division, child custody, and maintenance, a document will be drafted containing the details of the agreement, which will then be submitted to the court for approval. Unfortunately, some couples cannot reach an agreement through these means and so must take the case to court. However, in Illinois, the parties will not be able to retain the same attorneys who represented them in the earlier attempts at collaboration.
If you are a resident of Des Plaines and believe that you and your spouse may be able to resolve your problems through collaborative divorce, please contact the Arami Law at (312) 212-1399 to schedule a consultation with an experienced divorce lawyer who can explain the repercussions of the collaborative divorce process. We can also be reached via live chat or through the completion of a standard contact form, which includes your name, phone number, email address, and a brief description of your case.
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