How Does Collaborative Law Work?

Naperville Divorce Attorney

Collaborative law works just as its title says it works: collaboratively. What this means is that instead of having the Court make your decisions for you, as is the case for couples who divorce through litigation, you and your partner can work together to determine the terms of your divorce settlement without Court intervention through collaborative law.

For many couples, collaborative law is a refreshing alternative to divorcing in a courtroom. It is less expensive, less stressful, and can be completed more quickly than a traditional divorce. Although it has these benefits, collaborative law is not perfect, nor is it the right choice for every couple. Couples with a significant power imbalance, a history of domestic violence, or an inability to work productively together are generally not suited to collaborative divorce. Even couples who are on fairly good terms with each other can find tempers flaring when certain issues come up during their collaborative talks, such as how they will structure their parenting agreement. Sometimes, the level of freedom that initially makes collaborative law appealing makes it too open-ended and couples find themselves instead seeking the structure that other forms of divorce provide.

The Collaborative Divorce Process

Although you and your spouse are in the drivers' seats for your collaborative divorce, you will not complete the process alone. You each retain your own lawyer, and during the process, you will likely meet other professionals, like a real estate appraiser or a child custody evaluator to advise you in the decision-making process.

All issues related to the divorce are decided during four-person meetings that involve you, your spouse, and your attorneys. During these sessions, you acknowledge all issues present in your divorce and work out a mutually-satisfying settlement. Once you have reached a settlement, you file your divorce with the appropriate circuit court and legally finalize your marriage.

Benefits of Collaborative Law Divorces

The greatest benefit of a collaborative divorce is the freedom it affords the couple. Rather than being subject to the Court's decisions, a divorcing couple can make their own determinations about their divorce settlement through a collaborative divorce. From this benefit comes others, such as a high level of satisfaction with one's divorce settlement and a better relationship with one's spouse after the divorce is finalized. A better relationship often means more successful co-parenting, which leads to better relationships between the parents and the children.

Another important benefit of collaborative divorce is its cost. Because the divorcing couple does not need to attend multiple hearings and lawyer meetings, the cost of divorce may be dramatically reduced by choosing this option.

How Does Collaborative Law Differ from Mediation?

Collaborative law is just one type of alternative dispute resolution. Other types include mediation and arbitration. Generally, divorcing couples choose collaborative divorce, mediation, or a traditional courtroom divorce.

Mediation, like collaborative law, allows a divorcing couple to enjoy a greater level of control over their divorce than they would have in a courtroom setting. However, it is not the same as collaborative law. When a couple divorces through mediation, they work through the issues in their divorce with the guidance of a mediator, a trained, neutral third party who facilitates discussions between the couple to help them realize, then reach, their goals for the divorce. With mediation, each partner retains his or her own attorney to handle the legal aspects of the divorce process.

Mediation sessions typically take place in settings such as the mediator's office or a conference room. Like collaborative law, mediation is a low-key, low-stress approach to divorce that often results in couples reporting high levels of satisfaction with their settlements and their relationships with each other in the years that follow.

Work With an Experienced Naperville Divorce Lawyer

If you are considering a collaborative divorce, speak with an experienced divorce lawyer to determine whether this is the right path for you and your spouse. Choosing collaboration could be the best choice you make as a couple or, conversely, it could give you nothing but headaches. By working with an experienced DuPage County divorce lawyer, at Pesce Law Group, P.C., you can be assured we will guide you toward the type of divorce that best fits your needs as a couple. Contact our firm today at 630-352-2240 to schedule your initial legal consultation.