Commonly Asked Questions
What is a Collaborative Law/Divorce?
Collaborative Law (or Collaborative Divorce), provides an alternative way to
pursue divorce. The couple that engages in a collaborative divorce will
experience a process without litigation. A process that uses respectful dialogue
and negotiation to resolve differences and make decisions.
Collaborative Law/Divorce uses specially trained lawyers, divorce coaches, child
specialists, and financial specialists to help you reach an out of court
agreement with privacy and respect. The Collaborative Divorce goal is to solve
problems jointly, prevent a court battle and when there are children to have the
children be a priority rather than a casualty.
In Collaborative Divorce both spouses commit to a written pledge not to go to
court, to engage in an honest and open exchange of information and utilize a
problem solving approach that addresses the issues of both spouses (and their
children).
What is the approach in a Collaborative Divorce Process?
The Approach in a Collaborative Divorce provides face-to-face meetings with you,
your spouse, your lawyers, and other advisors as needed, including a neutral
divorce coach, financial specialist or child specialists. You and your spouse
stay in control of the decisions making rather than a judge.
What are the benefits of a Collaborative Law/Divorce?
These are some of the benefits of a Collaborative Divorce:
* Keeps control of the divorce process and timeline with each
party involved.
Time lines to meet are not based on court
schedules, but on the schedules of the
parties involved.
* Promotes open communication
* Uses a respectful problem solving approach
* Identifies and addresses interests and concerns of both parties.
* Emphasizes what is in the best interest of the children
* Helps to prevent Parental Alienation
* Encourages respect
* Reduces stress and animosity
* Protects Privacy
* Prevents “Court Battles”
* Prepares individuals for new lives
* Often is more cost effective
(cost is based on the participants desire and focus to make
equitable decisions and to move forward.
Am I a good candidate for the collaborative law process?
You are if you'd like
to:
* Reduce stress and animosity rather than nurture bad feelings;
* Promote effective communication between partners rather than
play the "blame game;
* Retain decision-making control rather than having strangers
decide your fate;
* Achieve results reflective of everyone's needs rather than winning
at all costs;
* Provide a healthy co-parenting relationship that meets the
children's needs rather than having children caught in the
middle;
* Invest in the future rather than waste money in litigation arguing
about the past;
* Protect privacy rather than revealing intimate matters in the public
record;
* Improve the odds for long-term cooperation;
* Making agreements that will be kept rather than broken;
* Preserve the positive aspects of relationships rather than denying
or destroying them;
* Accomplish this life transition in a civil and respectful manner.
Where do I find an attorney who practices Collaborative Divorce in Illinois?
Contact:
Collaborative Law Institute of Illinois (CLII) at:
www.collablawil.org