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Is Collaborative Divorce the Right Option for You?

 Posted on October 01, 2015 in Divorce

When seeking a divorce in Naperville, Illinois, you and your spouse have a number of choices to make. One of the most important ones is how you will resolve some of the most common conflicts within a divorce, such as with whom children will live, how property will be divided, and whether or not spousal support payments will be necessary.

While many couples are involved in high-conflict divorces, which are typically resolved via court order, many other couples choose mediation and collaborative divorce as means of making decisions about divorce issues. The following provides a brief introduction as to what collaborative divorce is, and whether or not it is the right option for you and your spouse when seeking a dissolution of marriage.

What is Collaborative Divorce?

A collaborative divorce, or collaborative process, is a voluntary dispute resolution process where both parties agree to resolve things amicably and without litigation. This means that both parties typically sign an agreement stating that they will not go to court; instead, a collaborative divorce seeks to solve things without a judge’s order. During a collaborative divorce, both parties may—and should—recruit attorneys to aid them during negotiations. Experts may also be called upon to shed light upon a particular issue or conflict.

Usually, a collaborative divorce agreement also stipulates that, in the event that the divorce cannot be solved without going to court, the attorneys involved in the collaborative process will withdraw from the case.

The Benefits of Collaborative Divorce

One of the biggest benefits of collaborative divorce is that it is often a less expensive option than a traditional high-conflict divorce in which sizable court fees are usually incurred. In addition, other benefits of a collaborative divorce include:

  • Divorcing parties are able to freely negotiate for the things that they want;
  • Parties have more control over the outcome – a judge does not make a decision about divorce resolution;
  • Parties are expected to treat one another with respect;
  • The process may be less time intensive; and
  • Collaborative divorce results in less stress and anxiety.

Resolving a divorce without confrontation is especially important when there are children involved.

When is a Collaborative Divorce the Best Option?

While the benefits of collaborative divorce are many, collaborative divorce is not for everyone or for every situation; when the emotions of parties involved in a divorce are aggressive or turbulent, collaborative divorce may not be the answer. Collaborative divorce requires cooperation, managing of emotions, and level-headedness. Because many divorcing parties have extremely negative feelings towards one another, affability can be impossible to achieve in divorce negotiations. If you engage in a collaborative divorce and fail in reaching an out-of-court negotiation, you will have to spend more time and money to resolve your divorce issues in court.

Consult With a Divorce Attorney Today

Getting a divorce from your spouse can be an emotional process. If you are unsure about which method of pursuing a divorce—and resolving common divorce issues—is right for you, schedule a consultation with the experienced Naperville divorce attorneys at Fay, Farrow & Associates, P.C. Call us today to schedule a free initial case consultation at 630-961-0060.

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