The end of a marriage is rarely without conflict, but some divorces involve more contention than others. If divorcing spouses cannot reach an agreement about issues such as asset division, child custody, child support, and spousal maintenance, the court will need to intervene. Courtroom litigation is typically more expensive, time-consuming, and stressful than alternative means of resolution like mediation and collaborative divorce. When spouses are able to put their resentments aside and work cooperatively to resolve divorce issues, they will likely save a great deal of time and money. Read on to learn about two alternative dispute resolution methods available to spouses getting divorced in Illinois.

Negotiating Issues With the Help of a Mediator

It can be nearly impossible for two people who are ending their marriage to remain objective and reasonable when discussing divorce-related concerns. Spouses may understandably have a great deal of pent up anger, sadness, or disappointment about the circumstances that led to the end of the marriage. A mediator can be a huge benefit to spouses who need help staying on track and remaining focused on the goal of resolution during divorce negotiations. The mediator’s job is not to deem either spouse’s ideas and opinions as right or wrong. Instead, the mediator facilitates a productive, cooperative discussion so that spouses can reach an agreement about divorce issues without the need for court intervention. Unlike court litigation, conversations had during mediation are confidential.

The Collaborative Law Process Offers Many Benefits

The collaborative divorce process may be right for couples who have disagreements about the terms of their divorce, but they are not completely opposed to negotiating the terms cooperatively and amicably. During the collaborative law process, both spouses and their respective attorneys hold a series of meetings to discuss divorce issues in a non-combative, constructive way. The spouses, their lawyers, and any other professionals participating in the process, such as child specialists or financial professionals, sign a contract called a “participation agreement.” This contract states that both spouses, their attorneys, and the other professionals involved in the process promise not to go to court. When courtroom litigation is off the table, the spouses and their legal counsel can focus on finding creative ways to reach a resolution. Everyone involved is encouraged to work together to reach a settlement, because if the case does proceed to litigation, the parties’ attorneys will withdraw from the case, and both spouses will need to find new legal representatives.

When a couple makes the decision to get married, the union is a truly beautiful thing. However, the stresses of life, ranging from financial security to parenting disputes, can bring a marriage to a screeching halt. When a marriage is no longer healthy, a divorce can represent an opportunity to start anew. While most people think of divorce as a heated and contested process that is navigated through litigation in court, many divorces can be resolved in an amicable fashion. Collaborative divorce is one alternative method used to resolve the issues couples must address when dissolving their marriage. 

Understanding Collaborative Divorce 

Through collaborative law, a couple looking to end their marriage will work with their respective attorneys in reaching a settlement that is agreed upon by both parties. Typically, a couple will agree to fully disclose all necessary information to each other over the course of their negotiations, and their attorneys will agree to withdraw from the case if an agreement cannot be reached. A collaborative divorce can resolve issues ranging from the division of marital property to child custody. If you decide that you want to pursue a collaborative divorce, it is important to fully understand that the process will require patience and trust in both your former spouse and the legal professionals you are working with. 

The benefits of a collaborative divorce are numerous. The collaborative process enables you to work with your ex-spouse and develop a new relationship. By avoiding litigation, you can finalize the divorce in a timely fashion, and keep your family matters private. Financially speaking, a collaborative divorce will enable both parties to agree upon a settlement that will ensure equity and financial security. Due to the general speed of most collaborative divorces, the process can result in savings in attorney’s fees. 

While many divorces can be stressful and contentious, the vast majority of divorces can be settled amicably by the two parties involved. When a judge becomes involved in the divorce process, the outcomes are no longer in the control of the people impacted by them the most. If you and your former spouse believe you can work through the divorce process together, a collaborative law divorce may be the right choice for you.

Collaborative divorce is a process in which couples who have elected to file for divorce, can work with their lawyers to achieve a mutually agreed upon settlement. If you and your partner want to attempt to work through the collaborative divorce process, it is important to consult with your legal team to begin preparation for the process.

Preparing for a Collaborative Divorce

In order for a collaborative divorce to work smoothly, both parties must be willing to cooperate and compromise. While speaking with your legal team, they will likely prepare you emotionally for the process. Despite the fact that these divorces can usually be settled much quicker than the standard divorce process, it is important to come into the process with a strong level of patience. Remember that this process is incredibly difficult for your former-spouse as well.

Every year, hundreds of thousands of American couples make the difficult decision to pursue a divorce. Divorces can be complicated and tense, as well as emotionally painful. Still, while many divorces can be hostile and resolved in court, some divorces are amicable and fairly seamless. 

In a collaborative divorce, a couple that has decided to amicably separate will work together with their respective attorneys to negotiate a settlement, while agreeing to be open and honest with each other throughout the process. This allows them to reach a mutually agreeable conclusion to their divorce while avoiding the potential unexpected outcomes of resolving their divorce in a courtroom. If you and your former spouse believe that you can work together to reach an agreement about the distribution of assets, child custody decisions, and other key issues that arise during the divorce process without going to court, a collaborative divorce may be the best option for you and your family.

What You Need for a Collaborative Divorce to Work: 

While every divorce is unique, most can be placed into one of four categories. Each has its own set of potential advantages and disadvantages. Understanding them, and what they might mean for your future, can be crucial to the outcome of your case. Learn more about the four types of divorce, and how you can determine which one may be most appropriate for your situation, with help from the following information.

Litigated Divorce

Litigated divorces, which are otherwise known as "traditional" divorce, is the most common form. Typically, each party works through an attorney to negotiate possible settlements agreements. If they can reach one, it is presented to the judge. If they cannot, then the judge is left to determine the outcome of the case. Various factors are used in his or her decision. For example, cases involving children will consider the best interests of the child. Assets and debts are divided by considering aspects related to income, ability to earn income, age, health, etc.