What Is a Collaborative Divorce?
The decision to end a marriage can be a hard one to make, and unfortunately, the divorce process can be even more difficult. Disputed divorces can be costly, and involve many court dates and a drawn-out process. However, if you and your spouse are in agreement that you would like to work together to reach a common agreement for the divorce terms, you have a few options. Mediation is the most common alternative to a contested divorce, where you and your spouse will work with a mediator to walk you through each step.
However, there is a third alternative called a collaborative divorce. In this, you and your spouse will both hire a divorce attorney, but will agree to work through the major issues without the courts, and without aggressive tactics. Read more about a collaborative divorce below to decide if this sounds like an option you would like to consider. If you decide to move forward with this approach, you will want to make contact with a divorce law firm in Schaumburg, Illinois as soon as possible.
In mediation, you and your spouse will work with a neutral third party to address all of the major issues in your divorce. If you come across any disagreements, your mediator will help your negotiations to bring you each to a fair outcome.
Your mediator may also bring options into consideration that neither you nor your spouse had thought of, since they are there to help you both reach an agreement. This could be in regards to anything from asset divisions to child support, or any other subject in the divorce that you believe you and your spouse will have a hard time agreeing on.
A collaborative divorce is essentially a mediated divorce, but with lawyers instead of a neutral third party mediator. You and your spouse will each have a representative attorney through the process, and it is understood that each lawyer will work for the best outcome for their client. However:
- Each spouse, and their attorney, sign a contract at the beginning of mediation that agrees to working together in a productive and collaborative way.
- Each party agrees to the possibility of additional consultations with professionals to assist in matters such as finances, child care, or other issues that require a greater understanding than either spouse or attorney has.
- Each party agrees that if a consensus is not reached, then the divorce will go into the litigation process, but will be required to hire new attorneys for the court case.
If you and your spouse believe that you can work through the divorce settlements, but would still like to have legal representation, then a collaborative divorce can be a great option to consider. When you work with a mediator, you all understand that the mediator is not required to be certified in any capacity. If you want to work with people who understand divorce law in Schaumburg, Illinois, then a collaborative divorce may work out best for both you and your spouse during this process. During the collaborative divorce, you and your spouse will be able to work towards amicable and fair outcomes using cooperative tactics that are rarely used in full divorce litigation, which can be refreshing and remove major stressors from each of you.