Collaborative Divorce May Be Right for Your Complex Divorce Case

 Posted on October 20, 2021 in Divorce

The complexity of a divorce case depends on how quickly and easily spouses can resolve divorce issues. Spouses must divide debts and assets, handle child-related concerns like child custody and child support, and determine if one spouse will pay spousal maintenance to the other. When a couple owns a business or professional practice or other complex assets, property division will be much more involved. Disputes regarding parenting time and responsibilities can also complicate the divorce process considerably.

In situations such as these, spouses have several options: They can pursue traditional divorce litigation or they can use an alternative divorce resolution method like collaborative law.

What is a Collaborative Divorce?

Divorcing spouses often want to resolve divorce issues with as little hostility as possible. Contentiousness adds to the stress and expense of a divorce. If you are interested in resolving your divorce amicably, but you still want guidance from divorce professionals, collaborative divorce may be right for you. In a collaborative divorce, both spouses hire their own attorneys. However, the attorneys and the spouses work collaboratively to resolve divorce issues.

Agreeing to Stay Out of Court

One of the most important aspects of a collaborative divorce is that each party agrees to keep the case out of court. The spouses, their attorneys, and anyone else involved in the collaborative divorce process sign a “collaborative agreement” in which they promise to:

• Negotiate divorce issues like property division or spousal maintenance in good faith

• Freely exchange any necessary information and documentation such as tax documents or other financial records

• Maintain a cooperative, respectful attitude during the collaborative meetings

• Resolve the case during the collaborative process and avoid going to court

Divorce Professionals Help You Reach a Mutually Agreeable Solution

When you have a complex divorce case, you will need advice and assistance from several different types of divorce professionals. If you own a business or substantial real estate investments, for example, you may want to work with an appraiser. If you and your spouse have children together, you may want advice from a child specialist or psychologist regarding what is best for your kids. Accountants and tax professionals can weigh in on how to handle property division in a way that minimizes any negative financial consequences.   

Contact a DuPage County Divorce Lawyer

If you and your spouse own high-value or complex assets but you want the divorce case to be as cooperative as possible, consider collaborative law. Contact a Naperville collaborative divorce attorney at Law Office of Ronald L. Hendrix, P.C. to learn more about the potential benefits of a collaborative divorce. Call us at 630-355-7776 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59