Why Collaborative Divorce?
- use a team approach with coaches and advisors to clarify options and assist in understanding the divorce process and effects of various outcome possibilities.
- are more efficient and get to the prove-up date more quickly.
- allow for a greater understanding of marital assets.
- result in a more satisfying division of assets.
Although more professionals are part of your team in a Collaborative Divorce, the total cost of your divorce is typically more affordable because all parties are working together to meet in the middle rather than one party grand-standing for unattainable and unrealistic outcomes. Further, meeting with coaches and advisors can be done without attorneys present, making these meetings cost effective.
While the word collaborative implies that parties can work together on the outcome, we understand that communication has often broken down in your marriage and this is why you are on a path to divorce, perhaps with one party feeling unheard. This process allows for equality to return as you both make your way to your dissolution date.
No single family has the same needs, and Anne Schmidt realizes divorce doesn’t always have to take place in a courtroom.
The purpose of collaborative law is to meet the emotional and financial needs of the family. Collaborative divorce can spare the time constraints and sometimes overwhelming procedures and paperwork of the litigation process. As with mediation, the decision-making is done entirely by the couple, with special attention to ensuring mutual goals are met.
Unlike litigation, collaborative divorce utilizes the expertise of highly trained professionals across numerous disciplines during group meetings to help both parties address their concerns, while accounting for the overarching concerns of everyone involved.
Collaborative divorce is based on the following three principles:
- An agreement not to go to court
- A transparent exchange of information between both spouses
- A solution based on the individual priorities of the family
The hallmark of the collaborative divorce is that the two attorneys representing the spouses agree to no longer work with the couple if they decide to proceed in court. From the beginning, the couple and attorneys are committed to settling the case – and all four have a financial incentive to do so.
An Alternative To Traditional Litigation
With the passing of the Collaborative Process Act, now more than ever, collaborative law is an accepted and viable alternative for those seeking to bypass conventional litigation. Attorney Anne Prenner Schmidt of the Law Offices of Anne Schmidt, LLC is a knowledgeable, experienced collaborative divorce attorney serving clients throughout Illinois.
Collaborative divorce is a process by which divorcing couples meet together with the help of their own collaborative attorneys and, often times, a team of professionals, including a financial neutral, divorce coaches, and child specialists, to make decisions and come to agreements on every aspect of their divorce.
The Benefits Of Collaborative Divorce
In the vast majority of cases, collaborative divorce offers many benefits over traditional litigation:
- Efficiency: The collaborative divorce process is not hindered by overloaded courts and judges’ schedules. If both parties are committed to the process, they can proceed at their own pace and move things along much more quickly.
- Cost-effectiveness: Because of the efficiency, plus the lack of courtroom preparation and typical discovery needed, collaborative divorce can usually save money for everyone involved.
- Peacefulness: Rather than “fighting it out” in the courtroom, collaborative divorce involves both parties working together to come up with the best resolutions possible in the most amicable manner possible, with additional practitioners like therapists and financial neutrals available if needed to advise the best course of action in times of disagreement.
- Privacy: The courtroom is a public forum where the intimate details of your marriage are on display. Collaborative divorce sessions are private, allowing both parties to talk openly and candidly in order to get to a fair and equitable agreement with those who are there to make their needs come into fruition.
- Safer for your children: Collaborative divorce helps clients minimize the turmoil of the divorce on their children. In collaborative divorce sessions, you can keep the children out of the process completely. You can also choose to involve a parenting coach to further assist resolution.
These are just a few of the important benefits of collaborative divorce. It is important to note that the only way collaborative divorce can work is if both parties are committed to the process of resolving divorce issues amicably. If only one party is working toward an effective resolution, the collaborative process simply won’t work.
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