What is the Collaborative Family Law, Divorce and Mediation and how it works in Chicagoland areas?
Collaborative divorce and mediation are two options that can be used separately or together to finalize a divorce without unnecessary fighting or animosity. When a couple agrees on most divorce-related issues and the spouses are willing to work together to resolve matters, a collaborative divorce and/or mediation can allow them to have the divorce terms they want while avoiding confrontational posturing.
What is Collaborative Law?
Collaborative law in the context of a divorce is a business arrangement in which you and your spouse distribute the assets you once shared after joint disclosure and investigation in a cooperative way. Collaborative divorce relies on a couple working together, along with the experience and know-how of collaborative divorce lawyers, financial planners, and other professionals, to create a sensible agreement both spouses and their children can live with. That agreement is then entered by an Illinois court as a judgment of divorce.
When starting the collaborative law process, a couple must agree in writing not to go to court or even threaten to go to court. They also agree to cooperate, share information openly, use only neutral professionals when needed, and to make a good-faith effort to negotiate, including agreeing to attend all meetings. Most of the work of a collaborative divorce takes place in “four-way” meetings, in which both spouses and each spouse’s attorney get together to arrange the details of the divorce.
What is Divorce Mediation in Chicago?
Mediation may be used within a collaborative divorce, or a mediated divorce may be done separately. The primary difference between a collaborative divorce and a mediated divorce is that in a collaborative divorce, the spouses work together along with each spouse’s attorney, in a cooperative manner, while in a mediated divorce, the spouses work with a single, neutral mediator and attorneys do not generally participate in the mediation sessions.
Mediation may take place in a single meeting or in multiple meetings, depending on the complexity of your situation and the issues involved. Mediation can help alleviate the stress of court appearances and court dates by allowing you and your spouse to schedule mediation when and where it works best for you. Less stress makes the divorce process easier for you and your children.
As with collaborative divorce, you and your spouse still have the option to go to court after mediation if you choose. When mediation is conducted properly, everything said during the mediation session is confidential: the information is not allowed in court. This rule helps prevent a failed mediation from tainting court proceedings.
Finding a Mediator for Divorce in Chicago
When choosing a collaborative or mediated divorce, choosing the right legal advice is essential. Illinois collaborative divorce lawyers have experience in the unique work of collaborative divorce. They may also have extensive knowledge of mediation, but not all mediators are lawyers. The financial decisions you make during a divorce can affect the rest of your life, making the advice of a skilled attorney crucial during a divorce.
Resolving Illinois Divorce Cases Peacefully
The Chicago family law attorneys Patrick Markey, P.C. has over 20 years experience in both collaborative divorce and mediation. He understands how to put these tools to work in the best interests of his divorce clients. If you and your spouse are seeking an alternative to courtroom confrontation, contact my Chicago, Illinois family law office at (312) 223-1763 to see if our service are right for you.
Commonly Asked Questions About Divorce in Illinois
How much does a family law case cost and how many issues are presented?
The cost of the family law case is directly related to how much the parties disagree. Some cases are more complicated than others, but the parties ability to come to an agreement on issues is what drives the cost among other variables.
Read More on The Law Offices of Patrick Markey, P.C. website: Frequently Asked Questions About Divorce in Illinois