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dupage county divorce lawyer Collaborative Law is a newer and growing Alternative Dispute Resolution (ADR) model that avoids litigation. Divorce lawyers of both parties agree to resolve divorce issues out of the courtroom. Unlike traditional divorce proceedings, a collaborative divorce removes the litigation battle's emotionally and financially taxing threat. These legal process advocates for an amicable, respectful, and dignified divorce proceeding.

How Collaborative Divorce Law Works

Collaborative law divorce attorneys are specially trained in practicing this type of dispute resolution. The contesting parties must be willing to participate in the collaborative divorce law process. After each party retains a collaborative law lawyer, they voluntarily sign a participation agreement that obligates them to follow the collaborative divorce law procedure. Collaborative law values problem-solving and promotes a fair and thoughtful settlement. Financial experts, a divorce coach, therapists, and other specialists might be hired to help facilitate a satisfying divorce decree.

Collaborative divorce law accommodates both parties, focusing on the needs and best interests of the children and entire family. This type of divorce remains private.  Each party cooperates and participates in establishing their own agreements. When a settlement is agreed upon, the collaborative law attorneys compose the agreements and present them to the judge for finalization. 

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dupage county prenuptial agreement lawyerOnce considered a contract for the wealthy, marital agreements are becoming more commonplace, with couples of all socioeconomic backgrounds retaining prenuptial or postnuptial agreements.  Family law and divorce lawyers are adept at executing marital agreements, which are akin to insurance policies. Prenuptial and postnuptial agreements define marital and individual property, offering peace of mind. The benefits of marital agreements far outweigh the emotional awkwardness of preparing the contracts. Negotiating and signing marital agreements is an exercise of due diligence. 

Protecting Financial Interests in the Event of Divorce or Death of a Spouse 

Some find prenuptial agreements to be unromantic, foreshadowing divorce. However, it is sensible to sign one as they provide assurances of financial security.  In the event of divorce or the death of a spouse, prenuptial agreements are cost and time effective. Prenups help the parties circumvent long, expensive court battles in a divorce. Prenuptial agreements give credence to the court to what was and is intended between both parties. They also provide the couple with a reality check and provide an opportunity for spouses to discuss finances before they walk down the aisle. It is prudent for engaged couples to sign one.  Prenuptial agreements safeguard individual property, offering: 

  • Protection of family heirlooms
  • Protection of family businesses
  • Protection of trusts
  • Protection of inheritance
  • Protects future assets
  • Protection against or for alimony
  • Protection from spouse’s debts

The Benefits of a Postnuptial Agreement

Postnuptial agreements are similar to prenuptial agreements but are created during the marriage. Life can be unpredictable, and a postnuptial agreement is a legally binding contract that outlines the party’s wishes in the event of a divorce or death. If a prenuptial agreement was never drafted, it is beneficial for spouses to secure a postnuptial agreement.  

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dupage county divorce lawyerThe burgeoning emergence of divorced co-parents with legal disputes about rearing transgender and gender non-conforming youths is controversial and polarizing.  When negotiations fail, child custody attorneys can help prove the "best interest of the child" standard. Post-decree modifications can award the legal decision-making authority to one parent.  Skilled family law attorneys understand the profound ethical issues involved with transgender children and teens. Transgender youths and their families are sometimes plagued with emotional trauma, and a good family law lawyer will be able to navigate the complexities of these special custody cases.  

Avenues that Family Lawyers May Use to Resolve Disagreements About Child-Related Issues

Mediation – Led by a mediator, who is a neutral third-party negotiator, mediation sometimes resolves custody conflicts.  Mediation is more cost-effective than the court process of litigation. A good mediator will also be a lawyer who can practice in your county.

Guardian Ad Litem (GAL) – An advocate for the child or teen, a GAL investigates the conflict and provides the judge with recommendations.  Although a judge usually appoints a GAL, clients can request one.  A GAL can be called as a witness and cross-examined.  GALs retain tremendous influence on the judge’s final decision.

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