Is Collaborative Law an Option for Your Illinois Divorce?

 Posted on December 00, 0000 in Collaborative Law

For most people, the word divorce brings to mind images of a husband and wife waging war against each other, fighting over who will get custody of the children, the house, and even the family dog. Divorce, however, does not always have to be so acrimonious, as many couples who decided to go the route of collaborative law instead of traditional litigation have found.

In collaborative law, a couple will work together to mutually decide how all issues will be settled within the parameters of a dispute resolution process. The couple, along with a team of professionals, have complete control over how their marriage will end and all of the inherent considerations. They make the final decisions regarding child custody (parental responsibilities), asset and property divisions, and whatever other issues each individual couple may have to settle.

Reestablishing Important Skills

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Exiting Divorce as Friends: The Collaborative Divorce Process

 Posted on December 00, 0000 in Collaborative Law

People consistently envision the divorce process as an adversarial affair that pits parties against one another, which culminates with the ultimate goal of walking away with more than the other side. Divorces of this type do exist, but every divorce is not destined to be a series of contentious exchanges. Another approach is available that allows couples to maintain civil, working relationships so they have the ability to remain in contact once the divorce is finalized.

Collaborative divorce is an alternative method of navigating the end of a marriage that is conducted in a supportive environment and puts the parties in control of the outcome. Parties wishing to co-parent or retain a family business following divorce could benefit from this resolution process. Understanding that an alternative exists to traditional litigation grants divorcing parties greater freedom in working out conflict, which often leads to more cooperation.

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Oral Agreements and Divorce Settlements

 Posted on December 00, 0000 in Collaborative Law

There are many alternatives to litigation when it comes to divorce, including mediation and collaborative law. When these alternatives are successful, the parties must still submit a final agreement to the court. A settlement agreement, after all, is a legally binding contract. But at what point is the settlement binding? Can you agree to a settlement and then change your mind at the last minute? A recent Illinois divorce case illustrates how courts may deal with such a scenario.

Court Rejects Husband's Effort to “Back Out” of Agreement

The parties in this case were married for about 16 years. The wife filed for divorce in 2013. Following a lengthy financial discovery process, their case was scheduled for trial at the end of 2015. At a scheduled deposition in October 2015, the parties opted to have a settlement conference instead.

The parties emerged from the conference with an oral agreement, which they presented to the trial judge. The wife's attorney read the terms of the deal to the judge. The judge then asked both the husband and wife if they had participated in the negotiation of these terms, that they understood those terms, and they “agree to bound” by the. Both spouses responded yes to all three questions. Based on this, the judge ordered a follow-up hearing, at which time the parties would present a final written agreement incorporating the terms of the oral settlement.

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The Advantages of Collaborative Law

 Posted on December 00, 0000 in Collaborative Law

When spouses are considering pursuing a divorce one of the primary considerations that must be made is how much money is it going to cost. From the cost of lawyers themselves to the various professionals that may need to be used in a divorce, the entire process can seem relentlessly expensive. However, there are options to avoid a potentially lengthy and costly divorce. One of those options is choosing collaborative law.

Collaborative law is a type of dispute resolution. It is a decidedly useful tool for spouses considering divorce. Collaborative law includes both spouses through their attorneys to cooperatively develop and acquiesce to the terms of the settlement.

Does Collaborative Law Always Work?

Despite collaborative law being a cooperative method of pursuing a divorce, the success still turns on whether the parties can reach an agreement. Not every collaborative law effort will be successful, and when the negotiations break down, the matter may have to be settled in court. Knowing this ahead of time should motivate you to choose an experienced and professional DuPage County divorce lawyer who has also been trained to handle collaborative law matters. It is important that the representation you choose is as skilled at alternative dispute resolution as they are in trial litigation.

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How the Collaborative Divorce Process Works in Illinois

 Posted on December 00, 0000 in Collaborative Law

It has often been said that breaking up is hard to do. This can be especially true if you are getting a divorce, which has emotional and financial impacts, not to mention the life upheaval it brings. Not all divorces have to be full-on feuds, though. A form of alternative dispute resolutions, a collaborative divorce is designed to keep the peace between separating spouses and come out on the other side with a settlement that is mutually agreeable. What Is Collaborative Divorce?

The theory behind a collaborative divorce is that both spouses will work together (or collaborate) to come to an agreement that they can both be satisfied with. Both spouses have their own lawyers, much like a traditional litigated divorce. Rather than deciding issues in court, the collaborative process takes place in private meetings between the two spouses and their lawyers where the group negotiates their issues, rather than having a judge decide their outcomes. Collaborative divorce begins with both spouses sign an agreement stating that they will:

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Benefits of Collaborative Divorce in Illinois

 Posted on December 00, 0000 in Collaborative Law

When you think of divorce, you might think of litigation in a courtroom with a judge handing down decisions, or a couple in a lawyer’s office arguing with each other, voices raised, about who gets to keep the family home. While popular culture would lead you to believe this is how divorce is, in reality, it does not have to be that way. When you think of getting a divorce, you do not have to go the traditional litigated route - you have options. One of those options is to go with a collaborative divorce, or one in which you both work together to settle your disputes outside of the courtroom. This has turned out to be beneficial for many couples for many reasons. Here are a couple of reasons why you should consider going with a collaborative divorce:

The Process Can Be More Affordable

Because you are settling issues in various meetings, rather than in the courtroom, you are not having to pay court costs and fees every time you try to settle something. Rather, you can make it a point to come to a decision about certain things during each meeting, cutting down on the number of meetings you will actually need to have.

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Reasons You Should Consider Collaborative Divorce

 Posted on December 00, 0000 in Collaborative Law

It is no secret that divorce is difficult. What some people do not know is that there is more than one way you can get a divorce. From DIY divorces to mediated divorces, there is a process that fits almost everyone’s situation. One type of divorce -- a collaborative divorce -- can be beneficial to the entire family. A collaborative divorce is one in which both spouses sign an agreement stating that neither of them will go to court and will instead determine solutions to their problems through meetings with attorneys, financial advisers, child specialists, and other professionals. There are many reasons to choose a collaborative divorce over a traditional litigated divorce, but here are just a few:

1. You can actually end up saving money with a collaborative divorce. Traditional litigated divorces can end up costing you four times as much as a collaborative divorce would cost. While you do end up hiring more people to help you complete your divorce, the trained specialists actually help you complete your divorce quicker and with less arguing. Plus, you are saving on countless hours of lawyers fees and court costs.

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New Relationships Can Affect Divorce Agreements

 Posted on December 00, 0000 in Child Support

If you are currently working through a divorce or plan to file for divorce in the near future, do not rush into a new relationship. Being in a new relationship while your divorce is still being finalized can have a negative impact on your settlement and resulting arrangements, such as your child support and custody agreements. It is important that you understand how dating somebody new can affect your divorce and, if you do opt to begin seeing somebody before the process is complete, that you take it slowly and do not do anything to jeopardize your divorce agreement.

Child Custody

If a new partner moves into your home or you frequently have sexual or romantic partners coming in and out of your house, this can negatively affect your child custody agreement. The court may find that exposure to your new partner is not in your child's best interest, especially if your new partner's relationship with your child is poor, your partner uses drugs, or has a criminal record.

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Wage Garnishment Options for Unpaid Child Support in Illinois

 Posted on December 00, 0000 in Child Support

The battle for child support does not always end in the courtroom. In some cases, after child support is determined by the court, the non-custodial parent refuses to pay the expected amount. This defiance of a court agreement can cause the custodial parent financial strain and emotional trauma as he or she attempts to recover the required support payments.

Wage Garnishment an Important Tool

Though the Illinois Public Aid Code authorizes the state to post the photographs and names of those parents who owe more than $5,000 in support payments, and though a list of the most egregious offenders is kept up by the Illinois Child Support Services, much of the monies for support payments are still not collected. Therefore, a solution must be found, such as direct wage garnishment. While this tool is especially effective, family law attorneys need to be aware of the new stipulations enacted by the Illinois Supreme Court regarding procedures for notices of garnishment.

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Seeking a Child Support Order Modification: The 20 Percent Rule

 Posted on December 00, 0000 in Child Support

When you are subject to a court order regarding child support, it is obviously very important to meet your required obligations. Your child deserves, at the very least, financial support from both parents, and your payments are intended to help provide him or her with basic necessities including a home, food, and clothing. As time goes on, however, the life situations change. Some changes may be dramatic, such as the loss of a job or serious illness, while others are more gradual, including a rising cost of living and the child’s evolving needs. For this reason, the law in Illinois permits the modification of child support orders to adapt to changing situations.

Significant Change in Circumstances

The most obvious basis for a child support order modification is a drastic change in the life of either parent or the child. A sudden loss of income can make it extremely difficult for you to continue making your required payments. Similarly, if your child is diagnosed with a serious medical condition, his or her financial needs may change significantly in a very short period of time. In such cases, either parent may petition the court for an order modification, while showing the significant change in circumstances and the need for reconsideration.

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