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collaborative divorce
Collaborative Divorce

Collaborative Divorce Illinois

Collaborative Divorce Involves Both Spouses Working Together to Reach an Agreement Instead of Operating as Adversaries.

A collaborative divorce is an alternative dispute resolution approach to divorce, where the goal is to help a divorcing couple settle their disputes cooperatively without the stress of a courtroom battle. Each spouse is represented by their attorney and the parties agree ahead of time to settle their disputes collaboratively without resorting to contentious litigation. Both parties work collaboratively to find solutions that satisfy the interests of each party.

Each spouse completes a sworn disclosure statement, comprehensive in scope and similar to the financial affidavits required in most divorce cases. When both sides work cooperatively, each side is typically more satisfied with the settlements as they have had input and more control in the negotiations.

Anderson Boback & Marshall offer skillful negotiation throughout your collaborative divorce, helping you to weigh the pros and cons of each proposed solution.

With direct communication between both parties, a collaborative divorce lawyer will not waste time and effort attempting to force issues of discovery, which often increases legal expenses. Deciding to settle your divorce collaboratively, provides many advantages such as a quicker and less costly divorce settlement. It also allows more privacy of settling your disputes together rather than airing out your marital differences in court.

With collaborative divorce, specific questions may arise depending on the circumstances of each case. Consulting with a collaborative attorney can provide more detailed information tailored to individual situations. To get started, here are some frequently asked questions about collaborative divorce:

In collaborative divorce, the emphasis is on cooperation and negotiation rather than adversarial litigation. Both parties commit to resolving disputes amicably and agree not to go to court. Collaborative  divorce is a team approach, where a multi-disciplinary team of professionals works together to help the parties reach settlements and dissolve their marriage.

In addition to the divorcing couple, collaborative divorce typically involves collaborative attorneys for each spouse, as well as neutral professionals such as financial advisors, mental health professionals, and child specialists if needed. Please review this detailed article for the key benefits of collaborative divorce.

If the collaborative process fails and the parties cannot reach an agreement, they must hire new attorneys to represent them in litigation. This is intended to incentivize both parties and their attorneys to work toward a settlement.
The timeline for a collaborative divorce varies depending on the complexity of the issues involved and the willingness of both parties to cooperate. Generally, collaborative divorces can be resolved more quickly than traditional litigated divorces.
Collaborative divorce is generally best suited for couples who are willing to work together and negotiate in good faith. However, even couples with some level of conflict can benefit from the collaborative process if they are committed to resolving issues amicably.
Yes, each party hires their own collaborative attorney who is trained in the collaborative process. These attorneys advocate for their clients’ interests while also promoting cooperation and negotiation.
Once the parties reach a mutually acceptable agreement through the collaborative process, it is typically formalized into a legally binding divorce settlement agreement that is filed with the court for approval.
Collaborative divorce can be less expensive than traditional litigated divorce since it often involves fewer court appearances, less time spent on legal proceedings, and lower attorney fees.

Collaborative Divorce vs. Traditional Divorce

Is the Collaborative Process Right for You?

A collaborative divorce is not the same as a typical divorce, nor should it be confused with mediation. When couples attempt mediation, the mediator is a neutral third party. If this method is unsuccessful at resolving divorce disputes, couples are left with two remaining choices, they can either attempt a divorce through collaboration or pursue settling their differences in court.

The collaborative process is ideal for couples that desire to work together and avoid contentious or lengthy litigation. If the divorce is hostile or if there is any history of domestic violence, the collaborative divorce process is generally not suitable.

In a collaborative divorce method, attorneys have no financial incentive to take contested issues to trial. If collaborative efforts break down, and your attorney feels that divorce litigation is necessary, they must actually withdraw from representing you. While you always have the right to take issues to court proceedings, the attorney is not allowed to continue with your representation.

How Our Divorce Attorneys Help

A collaborative divorce attorney helps to facilitate the process which requires complete voluntary disclosure from both parties with no information withheld. Each party must agree on industry experts brought into the process such as real estate appraisers, accountants, child custody, or mental health issues, and agree on sharing the cost. Both parties typically have a strong desire to settle their divorce without court proceedings.

Our experienced Chicago divorce attorneys are skilled with the collaborative process. We know how to evaluate your options and advise you on the proper course of action, based on your rights and interests.

Kimberly Anderson and Jessica Marshall
Anderson Boback & Marshall are knowledgeable on family law in Illinois and skilled in all techniques used to settle divorce disputes. We understand the importance of a quick and cost-efficient divorce, without settling for less than what you deserve. Contact us today to learn more about your options or to speak with an Anderson Boback & Marshall attorney experienced in collaborative divorce.
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    Anderson Boback & Marshall

    Anderson Boback & Marshall is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation for divorce and other family law issues. With multiple offices in NorthBrook and Chicago Downtown, we make it easy for you to book an appointment in a location near you. Our family and divorce lawyers serve families in Cook County, Lake County, Will County, and DuPage County. Call Now 312-715-0870