Collaborative law, or collaborative divorce is an alternative dispute resolution process that allows the divorcing couple to avoid traditional litigation. Collaborative divorce attorneys work with their clients and the other party to reach a mutually agreeable resolution outside of court. The collaborative process is used for various legal matters, including divorce, child custody, and property division.
If you are considering a collaborative law divorce process in Barrington, IL, it is vital to choose an experienced and trusted collaborative attorney. Collaborative process requires the participation of both spouses, who each hire attorneys trained in the collaborative process. It is essential to find an attorney whom you trust with which you feel comfortable. Anna K Law has extensive experience with collaborative divorce and can help you navigate the divorce process with dignity and respect.
Anna K Law is a skilled mediator, collaborative divorce professional and negotiator who will work tirelessly to help you reach a fair resolution. She understands the importance of communication and will work closely with you to ensure that your needs are met. Collaborative divorce can be a successful way to resolve disputes without going to court, and Anna K Law can help you through every step of the process.
Collaborative Law Attorney in Barrington IL
In a collaborative divorce the couple focus on “troubleshooting and solving” their problems unlike the litigated divorce where the litigants must 'fight and win. As a result, the couple uaw interest-based negotiation to resolve their divorce using collaborative divorce process as a framework.
The parties and attorneys all agree not litigating is the defining feature of collaborative divorce. If one of the parties reneges on their promise not to sue, the attorneys are still bound by the collaborative participation agreement, and the couple must seek new counsel to help in litigating their divorce.
Collaborative Divorce Practice
Collaborative family lawyers work with their clients in a spirit of cooperative problem-solving. Collaborative practice is a structured process in which the lawyers and their clients agree that at the outset of the lawyer-client relationship, they will not go to court but will instead use their best efforts to resolve all issues in a confidential, less contentious process .
Collaborative practice is built on the following principles:
- The lawyers pledge to represent their clients' best interests while working together to achieve a resolution of all issues;
- The lawyers pledge not to go to court;
- Both parties must be willing to disclose all relevant information, including financials, and explore all possibilities for resolution;
- Both parties must be committed to the collaborative process and agree to work together in good faith;
- Both parties must be represented by Collaborative lawyers trained in the Collaborative process.
The Collaborative Process
The collaborative law process begins when the parties sign a Collaborative Participation Agreement, a contract between the parties and their attorneys, and any other collaborative professionals involved in their case. They agree to resolve their differences through the Collaborative process. The Participation Agreement sets forth the ground rules for the Collaborative process and states that the lawyers will withdraw from the case if either party decides to go to court.
The Collaborative Process typically proceeds as follows:
- Each spouse hires a collaborative attorney to help them in their collaborative divorce;
- The lawyers prepare with their clients for team meetings, discuss the clients’ goals and concerns for the process. Also discuss including additional professionals, like a financial neutral and coach(es) to assist with the collaborative process;
- The lawyers and the clients meet in a series of team meetings to discuss the clients’ goals and concerns, brainstorm possible settlement options, identify information needed, discuss the issues in dispute and to discuss a resolution;
- The lawyers and the clients exchange information and documents relevant to the case provided by the clients;
- The lawyers and their clients meet as many times as needed to discuss the settlement proposal and help the clients negotiate a resolution;
- Once an agreement is reached, the lawyers prepare a written settlement agreement for the parties to sign;
- Once a settlement agreement is signed, a petition for divorce will be filed and the one and only court appearance will be scheduled to finalize the divorce case;
- If the Collaborative process is successful, the parties will obtain a divorce with only need one court appearance where the terms of their divorce settlement are presented to a judge and a divorce judgment is entered. If the Collaborative process is unsuccessful, the parties will have to retain new lawyers and start litigating the divorce process anew in court.
Collaborative Law attorneys are trained in the Collaborative Process and are committed to resolving cases out of court. If you are considering a Collaborative divorce in Barrington, IL, make sure to select the right Collaborative Divorce Attorney to help you!
Difference between Collaborative Divorce And Mediation
Collaborative divorce is a process, similar to mediation. Collaborative divorce is often confused with mediation, but there are important differences between the two:
- In collaborative divorce, both parties have their own attorneys who provide legal advice and support throughout the process. In mediation, the mediator does not provide legal advice and is suppose to remain neutral.
- Collaborative divorce is a voluntary process, while mediation can be voluntary or court-ordered.
- Collaborative law always occurs outside of court, while mediation may or may not.
- In collaborative law, the parties can choose to end the process at any time and go to court. In mediation, the mediator can have control over when the process ends.
- In mediation, the mediator is a neutral third party and cannot pick a side or prepare the legal documents. In collaborative divorce each spouse is represented by an attorney, but the lawyers work towards a common goal of helping the couple finalize their divorce, provide information and advice and prepare the legal documents.
- If your mediation fails, and you are not divorce your only remaining recourse to finalize your divorce would be to initiate a litigated divorce.
If you are considering a collaborative law process in Barrington, IL, it is important to choose an experienced and trusted collaborative law attorney.
Living In Barrington IL
Barrington is a village in Cook County, Illinois, whose population was 10,327 at the 2010 census. Barrington is part of the Chicago metropolitan area.
Barrington is located approximately 32 miles northwest of the Chicago Loop and about 10 miles northwest of O'Hare International Airport. It is considered a bedroom community in Chicago.
Barrington is located on the Fox River and is known for its quaint downtown area, extensive horse trails (the village is home to the Barrington Park District's horseback riding program), and scenic views. It is also home to the private country club/golf course development Laocoonte.
In 2009, Business Week's annual report on the "Best places to raise your kids" ranked Barrington as the number one suburb in the nation. It placed first for public schools, safety, and affordability. Barrington is also home to the historical Catlow Theater.
The village is home to many retailers, including national companies like Whole Foods Market, Pottery Barn, Williams Sonoma, and Crate & Barrel. There are also many local retailers, such as Long Grove Confectionery Company.
Barrington has a Metra station on both the Union Pacific/Northwest and Milwaukee District/West lines. Barrington is bordered by five other municipalities: Deer Park, Tower Lakes, South Barrington, Barrington Hills, and North Barrington.
Barrington IL to 5 Revere Dr Suite 200, Northbrook, IL 60062, USA. Driving Directions
via Lake Cook Rd
Fastest route, the usual traffic
- Take Lake Cook Rd to Revere Dr in Northbrook
- Continue on Revere Dr to your destination