Is Collaborative Divorce in Illinois a Good Fit for Me
If you are contemplating divorce in Illinois, one consideration that you should contemplate at the outset is whether a collaborative divorce is a good fit for you. Typically, you choose to start into the collaborative divorce process before you would actually file a case in court and so the decision is one usually that needs to be made at the outset of a divorce. In order to utilize the collaborative divorce process each party should also hire an attorney who is trained in the collaborative divorce process. It is important to understand that a collaborative divorce is more than simply an amicable divorce, which many attorneys may handle. The collaborative divorce process is a special process recognized by Illinois statute and attorneys are specially trained in that process.
In determining whether a collaborative divorce process will be right for you, there are some facts to consider. First of all, a collaborative divorce does not mean that you and your spouse have to agree on everything. The process is intended to help resolve disputes. Even if there are emotional and heated disputes on certain points, the process is designed to help the parties address and resolve those disputes. The parties are required to be respectful to each other and the rest of the professionals and to be honest and forthcoming during the process. If you believe that your spouse would in general be able to abide by those parameters then a collaborative divorce may be possible. Emotions may still become heated during the process and no one is perfect, but in general the parties will need to be respectful. The parties will still have attorneys in the collaborative divorce process and so will have attorneys advocating for their interests and protecting their interests. The parties will, however, need to be honest and forthcoming and not seeking to take advantage of the other side or conceal information. Sometimes parties who do not like each other and otherwise might not be able to be civil with each other still choose the collaborative divorce process and are able to be civil with each other in order to join in the benefits from the collaborative divorce process. In the collaborative divorce process, you will be given much more hands-on control over your divorce and working out terms that are best for you and your family rather than having a judge who you have never met before issue orders about your life that will have long-lasting effects. You will also be able to focus on arriving at a resolution with attorneys specifically trained in the collaborative process and avoid getting drawn into years of litigation dealing with hearings on petitions and motions. Give some consideration as to whether the collaborative divorce process will be right for you. For a list of collaboratively trained attorneys in your area and to learn more about the collaborative process, check out the website for Collaborative Law Illinois (CDI) https://collaborativedivorceillinois.org/.