The collaborative divorce process is not for everyone. One of the cornerstones of collaborative divorce is that both spouses can be in a room together and work towards a common goal of completing a divorce with a set of customized and personalized rules and provisions. If that isn't achievable -- if the spouses are too upset with each other and can't work towards a common goal -- then a collaborative divorce is unlikely to help.
There are a number of ways that a splitting couple can go about a divorce. The "traditional" method is to file for divorce and await a judge's decree on how some of the issues in your divorce will be resolved. While this may be the way that a couple wants to go through with their divorce, it robs the couple of the chance to make a customized agreement that fully considers their desires and wishes for their divorce agreement.
Collaborative law, mediation, and other alternative dispute methods have become increasingly popular approaches to a dissolution and other post decree matters, not only in the state of Illinois but all across the country. In a Collaborative divorce, the spouses retain their own attorneys, sign a Participation Agreement, and enter into negotiations to reach an appropriate settlement on their divorce. The attorneys that the spouses use must have specialized collaborative training to correctly facilitate the process.
Last week, we discussed some of the possible financial implications of a divorce. There are many financial factors that need to be considered before, during and after a divorce. Both spouses need to be aware of the financial issues arising from their dissolution and the division of the marital estate so that the ramifications can properly addressed, allowing both to move on with their lives. Unfortunately, many people plunge head first into a divorce without working though all of the money issues at play.
In our last post, we talked about Collaborative divorce and the Collaborative Process and how it can very beneficial for certain couples. Although the amount of time and money that can saved going through a Collaborative dissolution versus going a traditional divorce can be immense, and greatest benefit of a Collaborative dissolution is the reduced stress and anxiety to your family often associated with a traditional divorce.
Many people hear the phrase "collaborative divorce" and they may question what this even means. "Aren't all divorces, on some level, collaborative?," they argue. But this argument just skims the surface. Collaborative divorce and divorce mediation are a couple of alternative dispute resolution methods that divorcing couples can employ to help them get through the divorce in a timely, efficient and cost-effective manner.
When your marriage is over and that is the only thing you and your spouse can agree on, it may be inevitable for you come to the point of separation. With separation comes a division of assets. If you have children, their well-being is likely to be paramount to each of you as well. However, nobody in court knows your spouse better than you nor can they see the realities of your home life in the way you, your spouse and your children do.
When you are going through a divorce, it may seem like a ludicrous concept to compromise and negotiate on things like property division and parenting plans moving forward. Surprisingly, more and more couples are opting to settle the terms of their divorce out of court and not leave the fate of their beloved possessions for an impartial judge to decide.
The dissolution of a relationship is an emotional, life-changing time that is extremely difficult for all involved. In many cases, dealing with all that is involved when a relationship ends, results in confrontational conflicts that may sometimes seem impossible to resolve. Often there is arguing, fighting, and overall strife between the former partners. Thanks to the relatively new process of collaborative law, however, this doesn't have to be the case.
Many times the children of divorced parents recall all the arguments that led up to the dissolution of their parent?s marriage. While parents may try to stick it out for their children, it is not uncommon for their children to just want the arguing to end. When parents finally decide divorce is the best option, their children?s frustrations may be momentarily relieved; that is until the litigated divorce process leads parents back into the boxing ring. For parents that truly want to stop the arguing and move forward effectively parenting their children, the collaborative divorce approach may be the best option.