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What is collaborative divorce?

Are you one of the many spouses in Illinois who is considering getting divorced? Whether you have spoken to your spouse about this yet or not, it can be important for you to understand some of the options available to you should you in fact end up going through with a divorce. In addition to what many may know of as a standard divorce process where each spouse has individual lawyers who essentially take the lead in negotiations all the way through, you may want to consider a collaborative divorce.

Many people mistakenly assume collaborative divorce is the same as mediation but that is not so. As Forbes explains, in a mediation, neither you or your spouse would hire a lawyer to represent you. Instead a neutral third party would act as a mediator. This person's job is not to counsel either of you or to put forth what is best for either of you but instead to guide you and your spouse through the process of determining your own settlement.

In contrast, with a collaborative divorce you and your spouse would each have your own attorneys. But, instead of fighting for you, they agree to work collaboratively on your behalf to find a less adversarial resolution to your divorce. Additionally, a broader team of experts may be used for special topics. This team may include accountants, psychologists and more.

This information is not intended to provide legal advice but is meant to help Illinois spouses understand how mediation and collaborative divorce differ from each other as well as from a traditional litigated divorce.

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

Toll Free: 866-921-8767
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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