HOW IS COLLABORATIVE LAW DIFFERENT THAN TRADITIONAL DIVORCE?
Collaborative law is an innovative alternative to traditional divorce proceedings. Collaborative law is a legal approach to divorce negotiations that focuses on civility, privacy, and long-term cooperation in an effort to avoid adversarial divorce litigation and reach a mutually-agreeable settlement. The use of the collaborative process & collaborative divorce has been steadily growing over the years, however many people still don’t understand the collaborative law approach to divorce and the benefits that it can offer.
Differences between Collaborative Law and Traditional Divorce
In a traditional adversarial or litigated divorce, each spouse retains an attorney and disagreements are settled in front of a judge. With the collaborative law approach, each spouse still retains his or her own attorney, but disagreements are settled around a negotiating table instead of in a courtroom. Disagreements are settled by the two sides working to resolve what is at the heart of the disagreement and address any underlying concerns in order to reach a mutually-agreeable solution.
With collaborative law, all parties are expected to work together and openly to achieve an agreement that is beneficial to everyone affected by the divorce. Typically, over the course of several meetings, the divorcing spouses and their Illinois collaborative law attorneys will negotiate a comprehensive agreement that addresses issues such as parenting time & responsibilities, child support, maintenance and the division of property, assets and debts.
If the parties are unable to reach a mutually-agreeable settlement, the divorce can then move through traditional divorce proceedings, but neither collaborative law attorney involved in the initial negotiations can be involved in the subsequent divorce proceedings.
Benefits of Collaborative Law Approach
One of the primary benefits of the collaborative law approach is that it seeks to cut through the emotion and address true underlying concerns to get to the heart of the matter to offer a more civil and less contentious way to divorce.
Collaborative law can be especially helpful for divorcing couples that share a number of important interests, such as parenting obligations. Since parents will continue to see each other and interact throughout their children’s lives, it can be particularly beneficial for all parties – especially the children – if the parties divorce with as little animosity as possible. Because the collaborative law approach stresses the importance of working through disagreements, divorcing parents are able to settle their differences with cooperation, rather than adversarial proceedings.
Additionally, the collaborative law approach may be cheaper than a traditional divorce, although that is not always the case.
How the Collaborative Law Attorneys at Waltz, Palmer & Dawson Can Help
The Chicago collaborative law attorneys at Waltz, Palmer & Dawson, LLC understand the importance of a respectful approach to divorce in order to facilitate long-term happiness. We have helped several divorcing spouses obtain a divorce through the reasonable, respectful, and cooperative negotiations involved in collaborative law divorce.
Should you have any questions about Illinois collaborative law approach to divorce or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law, Collaborative Divorce & Mediation.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.