The word “divorce” is often synonymous with complexity and contentious issues. It means court battles with combative opponents – lawyers and clients, duking it out for supremacy. It does not have to be this way. One way Chicago couples can avoid this stereotypical scenario is to opt for a collaborative divorce.
What Is a Collaborative Divorce?
A collaborative divorce adheres to the principles of collaborative law. They demand that all parties agree to the resolution of all pertinent issues with respect, honesty, and clarity outside of court. To manage this process, each party can hire a divorce lawyer trained in this method. The lawyers are responsible for overseeing the process beginning with the signing of a Participation Agreement. This contract binds them legally to following the principles and guidelines of collaborative law including those governing divorce proceedings.
The Role of the Lawyer in Collaborative Divorce
It is up to the lawyer to make sure the parties completely comprehend the tenets of collaborative law. They need to understand the contract is legally binding. If they do not commit to resolving all issues and cannot reach an agreement, the collaborative divorce fails. Furthermore, the lawyer is no longer under their employ. He or she cannot represent the party further. The Participation Agreement precludes this.
In achieving the goal of mutual agreement, the lawyer must make sure he or she places a priority over certain actions. In all instances, mediation and negotiation must supplant acrimony and strife. Cooperation is the key to a successful divorce under the tenets of collaborative law. In Chicago, divorce lawyers who specialize in this area, approach divorce with an eye to solving quarrelsome issues and defusing tensions. In the end, a collaborative divorce offers an ideal dispute resolution, removing many of the issues reducing the obstacles that prevent a peaceful outcome to the marriage.