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Lombard collaborative law attorneyWhen 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. 

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Posted on in Divorce

Wheaton divorce lawyersWhile 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.

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Is Collaborative Divorce the Right Choice for You?

Naperville collaborative law attorneyEvery 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: 

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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.

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Despite what you see on TV and in the movies, not all divorces are contentious and hostile. Many couples want a way to end their marriage; however, they still want to have a positive relationship with each other after the divorce. This is where collaborative divorcecan help.

How Collaborative Divorce Works

Instead of both sides fighting against each other and trying to convince the judge to take their side on all of the issues, the parties work together to find a solution with which they are both happy. Like mediation, collaborative divorce is an alternative dispute resolution tool.

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