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Collaborative divorce and mediation in Illinois

Among the many challenges facing divorcing spouses in Illinois is the high cost or at least the believed high cost that can be involved in a traditional litigated divorce. In addition to the financial costs associated with a divorce, there can also be emotional costs when confict remains high throughout the entire divorce process. Divorce mediation or collaborative divorce offer two alternative ways of getting divorced that may address these things.

As Forbes explains, mediation in divorce involves a single third party to mediate discussions between the two spouses. This direct negotiation and discussion between partners requires that they have some level of ability to communicate amicably and constructively. Once an agreement is made, each person may need to have it agreed by attorneys before having the decree finalized.The reduced conflict and time involved in mediation is something that is attractive to many especially when kids are involved.

U.S. News and World Report indicates that in a collaborative divorce, both partners hire their own attorneys as in a traditional divorce. However, these attorneys are only part of a larger divorce team. The team works together collaboratively in order to resolve issues and come to agreements but while still having each party's interests clearly represented. If an agreement cannot be made, spouses must hire new attorneys to pursue their traditional divorce.

The stress of a divorce can take a toll on spouses and children alike. Mediation and collaboration offer alternatives to this but they may not be for everyone. Marriages in which financial situations are very complex, for example, might require more intense legal involvement.

 

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Courtney, Clark & Mejias, P.C.
104 South Charles Street
Belleville, IL 62220

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    • ABA - American Bar Association
    • Illinois State Bar Association
    • County of St. Clair - State of Illinois
    • IACP | International Academy Of Collaborative Professionals