Tag Archives: collaborative divorce

IL divorce lawyerA collaborative divorce is one in which each party agrees to come to an agreement outside of the courtroom. However, a collaborative divorce has some significant differences from mediation, another form of alternative dispute resolution. If you and your spouse are considering collaborative divorce, it is important to understand how the process works.

Choosing the Right Lawyers

During a collaborative divorce, you and your spouse will only meet with each other and each of your attorneys. It is essential that you work with a lawyer that understands how the collaborative divorce process works. Collaborative lawyers have special skills, including conflict management and guiding negotiations. If the collaborative divorce process does not work and you have to enter litigation, your lawyer will not be able to represent you, so it is important that your lawyer is just as committed to the process as you are.

Professionals Involved

Unlike mediation, there is no neutral third party involved in a collaborative divorce that helps you and your spouse come to an agreement. However, professionals are sometimes called in to help with the process. These professionals may include a parenting allocation evaluator that can advise on child custody decisions or appraisers and accountants that can help with property division matters. Although these professionals come with an added cost, they can still save you money because you and your spouse do not have to hire experts on your own, but can share in the cost during collaborative divorce.

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IL divorce lawyerCouples that want to get a divorce but that always want to avoid the lengthy and costly process of going through litigation will often turn to alternative dispute resolution methods, such as collaborative divorce or mediation. Both methods are extremely effective and can help the parties maintain a respectful relationship, which is important, particularly if there are children involved. However, there are differences between these two dispute resolution methods, and couples that are interested in them should know what they are.

Fees

Mediation and collaborative divorce are both less expensive than going through litigation. Of the two, collaborative divorces typically cost a little more than mediation. In a collaborative divorce, both parties are always represented by attorneys, and this is not always the case for couples going through mediation. If the attorneys cannot agree on a certain aspect of the case, such as the value of a business, they may bring experts in, which will increase the costs of a collaborative divorce.

Mediated divorces are typically less expensive, with sessions costing approximately $100 to $200 an hour. The two parties also do not have to hire an attorney, although it is strongly recommended that anyone going through a divorce is represented by legal counsel.

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IL divorce lawyerGoing through a divorce is difficult enough, and no one wants the process to drag on for a long time. It is for this reason that so many people choose alternative dispute resolutions rather than going to trial, which undoubtedly takes the longest amount of time. Alternative dispute resolutions include collaborative divorce and mediation, two methods of divorce that are often quicker than litigated divorces, but that are also largely misunderstood. So, if you are going through a divorce, what is the fastest way to do it?

Timeline for a Litigated Divorce

Going to trial will generally take the longest when going through divorce, even though judges typically try to get the parties to agree on a settlement before going to trial. Family courts generally have heavy caseloads and they simply do not have time to take every case to trial. Judges may even provide recommendations that can help the two parties come to a settlement before trial. If a case does go to trial, the parties involved can expect it to take anywhere between 12 and 24 months, and perhaps even longer if there are very contentious issues.

Timeline for a Collaborative Divorce

The length of time a collaborative divorce takes really depends on how much the two spouses fight about the different terms of the divorce, such as child custody and property division. It is true that just like with any other method of divorce, you and your spouse will not agree on everything in a collaborative divorce. However, conflict in a collaborative divorce is typically less than in a litigated divorce.

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IL divorce lawyerDivorce can be expensive. What many people do not know is that there is a way to cut those costs so that in the end, you are not left with nothing. While a divorce will still likely cost you something, there are ways that you can mitigate the expenses so your divorce does not cost you absolutely everything in the end. If you can follow the below tips, you will find that your divorce is much cheaper than most.

Avoid Litigation

When many people think about divorce, they envision a bitter and messy courtroom battle. Although many divorces go this route, that does not mean that yours has to. The most expensive way to divorce is to go through litigation. If you can find an alternative, your divorce will be much easier on your wallet.

Try Mediation

Mediation is one of the best ways to avoid litigation. During mediation, you and your spouse will meet with a mediator. Mediators are neutral third parties that do not give legal advice but do try to get you and the other side to come to an agreement that is fairly mutual. You can still work with an attorney to ensure your rights are being protected. Your divorce will just end up costing less and take less time in the end.

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collaborative divorce, considering divorce, divorce and negotiation, divorce attorney, DuPage County divorce lawyer, forms of divorce, Martoccio & Martoccio, traditional divorce"Collaborative divorce" may sound like an oxymoron. With more and more marriages ending in divorce though, it is no surprise that spouses who find themselves not in love, but not in hate, are looking for different ways to end their unions.

What is collaborative divorce?    

Collaborative divorce is a non-litigated method of ending a marriage. It is non-adversarial, though both parties are represented by counsel. Four characteristics distinguish it from other forms of divorce:

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