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What is a Collaborative Divorce?

Posted on in Divorce

Orland Park divorce lawyersDivorce often brings intense conflict and emotional stress that most people have never experienced before in their life. When a marriage fails, the disappointment and strain that accompany the divorce process can be overwhelming. Spouses are left to ponder a future without one another amidst worries about child custody, child support, visitation, spousal maintenance, the division of marital property, and more.

This stress is compounded when spouses are unable to work together to craft a divorce agreement and instead fight over the related issues in a courtroom. While many people who go through divorce litigation have no other alternative, others – even on less than cordial terms – can avoid court through collaborative divorce.

What Does Collaborative Divorce Mean?

Similar to mediation, collaborative divorce is when spouses reach agreements on the elements that go into a divorce decree through joint cooperation. Unlike mediation, which utilizes a neutral party that works together with spouses, collaborative divorce involves the spouses and their respective attorneys. The most critical facets are addressed in four-way, face-to-face sessions, while lesser items can be negotiated through the parties via phone or email.

Once all relevant issues are discussed and a divorce settlement reached, the attorneys create the divorce agreement and present it to a family court judge for approval.

Who is Right for Collaborative Divorce?

Soon-to-be-ex spouses do not have to completely get along to be successful collaborative divorce participants. Few couples enter the divorce process with a perfectly amicable relationship, otherwise, they probably would not split up. They only need to be willing to sit in the same room together long enough to help create an agreement that both find beneficial. If they are able to set their differences aside, they can save a substantial amount of money and avoid the tumult that divorce court can bring to the entire family, especially children.

Not everyone is right for collaborative divorce. Situations that involve domestic violence, mental disorders, substance abuse, and other serious issues are often too combative for the type of cooperation necessary for success.

Contact an Orland Park Collaborative Divorce Lawyer

Spouses who can come together in a non-adversarial manner and in a collaborative setting can forgo much of the emotional hardship of divorce. This often helps divorced parents who correctly realize their futures are still tied together by co-parenting. Anderson and Associates, P.C. is prepared to help you achieve the divorce agreement you desire with the least amount of stress possible. Contact an Oak Forest divorce attorney at 708-226-9904 for a free consultation.




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