What is a collaborative divorce?
Collaborative divorce sometimes called collaborative law is a legal process in which each spouse agrees to use collaborative process for their divorce, retains an attorney and signs a collaborative participation agreement to work together to resolve divorce-related issues without going to court. Collaborative process evolved from both traditional divorce and divorce mediation. Each side has an attorney, just like in litigation, however, the approach is much more amicable than in traditional litigated divorce. Unlike mediation there is no neutral third party conducting the negotiations (such as the mediator in the mediation process), but all collaborative professionals are trained as mediators and have additional training in collaborative process. Collaborative divorce process is often compared to working with a team of mediators to arrive at an amicable and fair settlement.
The goal of collaborative divorce process/ collaborative law is to help the couple resolve their issues without going to court. In most cases, this will save the couple anxiety, time and money. Another advantage of collaborative divorce is that it allows the couple to stay out of the public eye. This can be especially beneficial if there are any allegations of adultery or child abuse.
The use collaborative divorce both spouses need to agree to use collaborative divorce. They do not need to agree at the beginning of their case on the terms of their settlement agreement, or even to discuss the possible option. Often, that is the best approach so that the collaborative divorce attorneys can help them start the collaborative process in a way that offers the best change of successful outcome. However, if one spouse is not interested in using collaborative divorce, the couple will need to explore traditional litigated process.
Spouses willing to resolve the essential divorce-related issues peacefully often consider a collaborative divorce process instead of court litigation.
The purpose of a collaborative divorce is to avoid a negative outcome in court, and respect the couples autonomy as to what outcome would be best for them and their family. A collaborative divorce is a voluntary decision of each spouse. Once the couple agrees to use collaborative process that involves signing a binding representation agreement. Such an agreement prevents their attorneys from representing the spouses in future litigation if a collaborative divorce fails to achieve its purpose.
Using their advanced skills acquired through years of legal training, collaborative attorneys help each partner go their separate ways with the sense of satisfaction resulting from their settlement. That is opposite to the feelings of bitterness and resentment that follow almost any litigated divorce.
acceptable settlement and conducting themselves in good faith. That represents a sharp contrast to court procedure where each side seeks to defeat the other.
Furthermore, by signing the participation agreement, both spouses agree to disclose all material information related to the divorce. Therefore, the ethic rules require collaborative attorneys to resign from the case if their client intentionally misrepresents or fails to disclose material information.
Although it involves attorneys, a collaborative divorce is never an adversarial process. Contrary to common perception in litigation that opposing attorneys should take a fighting stance, collaborative law does not emphasize winning the case. The key to collaborative divorce is communication and cooperation and respecting the clients’ autonomy to determine what agreement is fair and right for them and their family.
Working with collaborative law attorneys in resolving divorce-related issues can be beneficial in many ways.
Collaborative law attorneys will help spouses settle their disputes in a timely and cost-effective manner. Unlike litigation, collaborative divorce is an effective non-adversarial process
Collaborative law attorneys keep every part of divorce negotiations confidential.
Furthermore, working with collaborative law attorneys allows both spouses to predict and determine the outcome of their negotiations. As a result, spouses and their attorneys go through a series of team meetings to negotiate the disputed issues. If either spouse becomes uncomfortable with the conference, they can ask the attorneys to stop the process.
If you are considering divorce and want to resolve the issues without going to court, collaborative law may be a good option. Your attorney can tell you more about how the process works and whether it would be a good fit for your situation.
Anna P. Krolikowska is a prominent family law attorney with a proven record as a collaborative attorney. Her law firm provides services throughout Cook County, IL, including Glenview. She is a collaboratively trained attorney and a Fellow of Collaborative Divorce Illinois. Within her law practice Anna works with clients using mediation, collaborative divorce process, or the litigated approach. Anna is the President of the Illinois State Bar Association (ISBA) and only the 5th woman to have been elected President of the ISBA since it's inception in 1877. She has been recognized and honored for her work as an attorney by her fellow attorneys and the Chicago Daily Law Bulletin, which named her one of "Top 50 Women Lawyers in Illinois" in 2021, one of the "40 Under Forty" in 2019, and a Leading Lawyer. She has also been recognized as a Super Lawyer in Family Law 2019-2022. Follow Anna on Facebook.com/AttyKrolikowska, on Instagram: @annaklawchicago, or on LinkedIn https://www.linkedin.com/company/annaklaw , or on Twitter @AnnaK_Law. To learn more about which strategy might be best for you contact Anna at anna@annaklaw.com, or (847) 715-9328 to schedule a consultation.
About Glenview IL
Glenview, IL is a village in Cook County, IL. Glenview is located about 18 miles north of downtown Chicago and has around 44,000 people. The town was incorporated in 1911 and had a rich history dating back to the early 1800s.
Today, Glenview is a thriving community with a strong economy. The village has a great school system and is home to many corporate headquarters, including Allstate, Baxter, Kraft Heinz, and Underwriter Laboratories.
Glenview is a great place to raise a family and offers many amenities, including excellent schools, various shopping and dining options, and a wide range of recreational activities. The village is also home to the world-renowned Glenview Naval Air Station Museum.
If you are considering a move to Glenview or are already a resident and need legal assistance, please get in touch with the law firm of Anna P. Krolikowska today. We provide legal services throughout Cook County, IL, including Glenview. Call us today to schedule your appointment.
Glenview IL to 5 Revere Dr Suite 200, Northbrook, IL 60062, USA. Driving Directions
via Pfingsten Rd
Fastest route, the usual traffic
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