When you are seeking a divorce, you might be surprised to find out there are several ways it may be resolved in Chicago. Divorces can include mediation, arbitration, cooperative divorce, and collaborative divorce. If you aren’t sure what the makes collaborative divorce unique, we’ll share some information to help you. We’ll explain the purpose of collaborative divorce lawyers and the benefits of the proceedings.
Understanding Collaborative Divorce
When you choose collaborative divorce, each party hires their collaborative divorce lawyers. Each person will also meet with their specific attorney one-on-one to establish what they want to accomplish in the divorce settlement. This will also include talking about what the minimum result is that you will agree to. Each person and their attorneys will sign a participation agreement, which commits you to the collaborative divorce process.
Common Clauses in a Participation Agreement
There are a few clauses in the participation agreement which you can expect to see. These include:
- All parties agree to participate in the process and freely exchange information.
- The parties agree to maintain the status quo as relates to assets and children while negotiations are happening unless another agreement has been made.
- The lawyers will be bound by the agreement and not allowed to withdraw from representing their clients.
- The parties will determine the conditions under which the divorce process can be ended without agreement.
What Happens Next
Following the execution of a participation agreement, there will be various meetings between the parties and their collaborative divorce attorneys. The meetings will be held to negotiate things like division of assets, child support, maintenance, and child custody. In some cases, neutral professionals like financial advisors, behavior experts, and accountants will be retained.
While mediators may be used in a collaborative divorce, this is not as common as you might expect. In most cases, the attorneys and parties are the only people who will negotiate the terms of the divorce. After a settlement agreement is in place, this will be filed along with the petition for divorce. These items will be entered by the appropriate court without the parties needing to appear.
If you are going through a divorce, the professionals at Michael C. Craven, Partner, Harrison, & Held, LLP are here to assist you.
