What is a Callaborative Divorce?
Collaborative divorce is an option for parties who would like to resolve their dispute themselves but want the benefits of legal representation. Like mediation, the disputing parties determine the settlement terms outside of court. But with collaborative law, each party retains his or her own attorney to advise, assist and protect the client’s interests. A collaborative divorce can have the following benefits:
- Greater control for the parties. The parties determine the settlement terms, not a judge.
- Legal representation. Provides each spouse with his or her own collaborative-trainedattorney for advice and assistance.
- Expert support. The parties can choose to include other professionals such as a neutral financial professional and/or a mental health professional.
- Cost savings. Collaborative law can be quicker and cheaper than litigating in the court system.
- Speed. Collaborative law can resolve disputes in a much shorter period of time than the court system. This allows the parties to move forward in their lives without the strain of the dispute.
- Confidentiality. The court system is generally a very public process. The collaborative process is confidential, with a few very limited exceptions. With the personal nature of divorce and parenting disputes, keeping the matter private can be a valuable benefit for the parties, their children and their loved ones.
- Preservation of relationship. Unlike litigation, collaborative law offers an environment aimed at reducing conflict and minimizing its impact on the parties. Collaborative law may be beneficial for parties, like parents, who need to continue interacting with each other after the dispute is resolved.
- Voluntary. Requires that the parties voluntarily disclose necessary information and make a good faith effort to reach agreement.
- Each party should be free of coercion and intimidation.
- The parties and their respective attorneys agree that if the parties are unable to reach agreement and must go to court, neither the attorneys nor their firms may represent the parties in the court proceeding.
Highly-Rated Chicago Divorce Lawyer
If you want the best Chicago divorce lawyer, look no further than The Witt Law Firm, P.C. We strive to provide the best legal services to our clients going through divorce. Our awards include:
- American Institute of Family Law Attorneys – 10 Best Award
- Attorney & Practice Magazine’s Top 10 – Top 10 Family Law Attorney
- American Assoc. of Attorney Advocates – Top 10 Family Law Attorney
- Avvvo – 10.0 out of 10.0 Top Attorney
- Google – 5-Star Rating
- Illinois Bar Association – Appointed to The Family Law Section Council
- Illinois Bar Association – Appointed to The ARDC Committee
TAILORED TO YOU
No two divorces are identical. Some clients own businesses and have significant assets. Other clients agree on child custody and want an amicable divorce. We tailor the divorce to each client’s circumstances.
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WHAT TO DO IF YOUR SPOUSE FILED
RESIDENCY FOR 90 DAYS
For 90 days prior to filing for divorce, one of the spouses must reside in Illinois or be stationed in Illinois while a member of the armed forces. Illinois is a person’s residence if Illinois is the place that a person considers their permanent home.
In a Chicago divorce, the parties are required to exchange financial affidavits. The financial affidavits are disclosure statements in which each party lists their income, expenses, assets and debts.
Usually, it is in the best interest of the children to continue their routine and maintain a close relationship with both parents. Parents should seek to provide stability for their children and shelter them from the legal and emotional process of divorce.
PROTECTING YOUR PARENTAL RIGHTS
If your spouse is not letting you see your children, you should immediately retain a family law attorney. Or, if you believe it is in the best interest of your children that they do not see the other parent, you should promptly consult with your family law attorney.
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