Is Collaborative Divorce a Smart Strategy For Our Family?

 Posted on September 29, 2022 in Divorce

As the stigma of divorce continues to lessen and people getting divorced in Illinois are thinking more consciously about how they want to get divorced, one strategy for getting divorced has become increasingly prominent. Collaborative divorce, or the use of a team of divorce experts to help a divorcing couple transition peacefully from married to divorced life, offers many benefits, especially for families with young children. Because of the inherently cooperative nature of collaborative divorce, however, it may not be suitable for people in certain high-conflict situations. To learn more about collaborative divorce, read on and then contact a knowledgeable Ilinois divorce lawyer.

What Are the Benefits of Collaborative Divorce?

Many people who endured a hostile divorce between their parents as young children themselves want to spare their own children from exposure to such a difficult experience. Collaborative divorce offers parents an opportunity to bring experts and specialists on board who can not only help them negotiate a mutually agreeable parenting plan but can also help them understand ways to help their children through a potentially difficult transition.

Even for adults who do not have children, collaborative divorce allows each couple to bring as many professionals into the equation as they need to make the divorce happen smoothly. This includes therapists, mediators, financial professionals, and more. Couples who utilize the appropriate professionals can usually listen to each other’s needs clearly and negotiate even the most complex issues of property division.

Some common experts in the collaborative divorce process include:

• Child psychologists
• Family and couple’s therapists
• Accountants and tax specialists
• Financial advisors
• A collaborative divorce lawyer for each spouse

As with any other divorce, one attorney cannot represent both partners. Each partner still has their own legal interests to protect, but a collaborative attorney is committed to resolving a divorce peacefully. If a couple tries but cannot resolve their issues with collaborative divorce, the divorce team dissolves and a partner’s attorney cannot represent that partner in future divorce litigation.

When is Collaborative Divorce Not a Good Strategy?

Couples do not have to get along perfectly or even particularly like each other to pursue a collaborative divorce successfully (if they did, they might not need a divorce!). However, they must be willing to negotiate in good faith and fundamentally trust each other to be fair. When a marriage involves abuse, whether emotional or physical, towards a partner or the children, or when one spouse is unwilling to cooperate in the divorce process, collaborative divorce is not only likely to be a waste of time but could potentially open the door toward further problems.

Considering Collaborative Divorce? Call an Arlington Heights Divorce Lawyer

If you and your spouse are talking about divorce and want to learn more about whether collaborative divorce is the right fit for your family’s goals, contact an experienced Arlington Heights collaborative divorce lawyer with A. Traub & Associates. We offer comprehensive consultations so you can learn more about the process and what we can do for you. Call 847-749-4182 today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000