Collaborative divorces are a way of resolving a divorce outside of court through alternative dispute resolution (ADR). Spouses can work together with their divorce attorneys to create a separation agreement that provides benefits for both spouses and any children they have. This method of divorce is useful because it can limit conflict between spouses, as well as be a much faster and cheaper way to resolve a divorce.

Understanding the Process of Collaborative Divorces

Collaborative divorces can follow unique processes depending on a couple’s needs and can especially vary from state to state. However, there are some common steps that the process is likely to follow, including:

1. Legal Support Teams

Collaborative divorces are the form of ADR where each spouse has their own attorney representing them. Both spouses should take the time prior to beginning the process to find an attorney they feel comfortable with for the process, and who has experience in ADR divorces. An attorney should be able to support your interests while limiting the conflict between spouses.

2. Determine Your Goals

Once you have found the right attorney for the collaborative divorce process, you and your attorney should take the time to discuss your goals for the separation agreement. This is the document that outlines the division of property, spousal support, child custody, and child support.

You and your attorney should be on the same page about what you will and will not compromise on, as well as the areas you prioritize. If you cannot compromise on any aspect, collaborative divorce is not the right resolution method for your divorce.

3. Collaborative Agreement

Both spouses and their attorneys meet to sign a participation agreement. This agreement states that parties consent to the collaboration process and that if the process fails and the couples go to court, they must find new attorneys.

4. Separation Agreement Negotiations

The process of collaborative divorce can then begin, and parties can hold these meetings whenever it works for all parties’ schedules. These meetings may discuss the general aspects of the separation agreement before moving on to more detailed information. The meetings may also include other individuals like financial professionals or mental health professionals.

The process will take longer the more items need to be discussed, and the significance of disagreements spouses have must be resolved. Complex property, custody disagreements, and other issues can make the process take longer.

Each attorney is there to mitigate conflict and protect and represent the interest of their client. They also look out for the interests of children and try to create an agreement that will be considered fair by the court.

5. Court Submission

Finally, once couples have reached a separation agreement that they both fully agree to, the agreement can be submitted to the court. The separation agreement is reviewed to determine if it is unfair to either spouse and to ensure it upholds the interests of any children. If the court considers the agreement to be fair and in children’s interests, then it will approve the agreement and enter it as a court order. It is then an enforceable divorce decree.

The Benefits of Collaborative Divorces

Spouses can get many benefits from collaborative divorce, including:

  • Not having the judge decide on the final divorce decree.
  • Having control over when the divorce is resolved.
  • Saving money.
  • Limiting stress and time in court.
  • It’s easier on the entire family.
  • It offers a foundation for effective co-parenting.
  • It is based on your schedules rather than the court’s.
  • It protects the family’s privacy.

FAQs

Q: What Is the Downside of Collaborative Divorce?

A: One downside of collaborative divorce is that a resolution can only be reached through mutual agreement. This is great if spouses are working together to reach that resolution, but it can make the process a waste of time if they cannot work together or find compromises.

Spouses may be unable to resolve a collaborative divorce if they cannot communicate, if one spouse tries to drag out and delay the process, or other issues. In litigated divorces, the court will eventually reach a conclusion, so there will be a resolution.

Q: How Long Does Collaborative Divorce Take in Illinois?

A: How long a collaborative divorce takes in Illinois depends entirely on how long it takes for couples to negotiate and discuss all crucial elements of their divorce decree. It could be resolved quickly if couples reach fair and reasonable compromises in a short period of time.

It could also take a long time and even have to be litigated if couples are unable to find reasonable solutions. An attorney can help determine how long a collaborative divorce might take and if it is the right option for your divorce.

Q: Does Indiana Recognize Collaborative Law as an Option for Divorce Proceedings?

A: Yes, Indiana recognizes collaborative law as an option for divorce proceedings, although the final separation agreement couples create must be court-approved to be recognized. Collaborative divorce is a method of resolving divorce outside of court without contentious legal hearings. Couples will typically only have to appear before the court once to enter the divorce decree into the court.

Q: What Is the Goal of Collaborative Divorce?

A: The goal of collaborative divorce is to encourage couples to work together on a separation agreement that serves their interests and the interests of their families rather than placing spouses on opposing sides of a court argument. The process is meant to limit conflict as much as possible, helping spouses make informed and beneficial choices about property division, support, and decisions for their children.

Q: How Could Collaborative Divorce Provide Some Solutions?

A: Collaborative divorce can help couples who have an uncontested or contested divorce but want to work together to resolve their divorce at a lower cost and under less stressful circumstances.

Collaborative divorce is especially useful for contested divorces because each spouse has their own attorney and legal support, giving them more protection than other methods like divorce mediation. Couples also have more control over their divorce than if they went through the public and strenuous litigation process.

Contact Stange Law Firm Today

Collaborative divorces can save you time and money but only prolong the process if couples cannot reach a fair agreement. The support of an attorney can help you find an agreement that protects your rights while making the process easier for you. Contact the divorce attorneys at Stange Law Firm.