Yes—divorce need not be a battleground.
Can serious marital conflict be resolved without the time and expense of litigation? Yes—divorce need not be a battleground. The end of a marriage or resolution of family conflict is painful enough. Collaborative law offers parties a new alternative to resolve disputes or the end of a marriage with privacy and respect and with minimal court involvement, while taking into account the highest priorities of their entire family. A team of specially trained interdisciplinary professionals guide and support parties in a problem solving process, not as adversaries. No single approach to the divorce process is right for everyone. Many couples are finding Collaborative Law a welcome alternative to traditional divorce litigation and mediation.
The Chicago area divorce attorneys of Schiller DuCanto & Fleck LLC are leading the way forward in this new mode of resolving marital conflict.
In traditional divorce litigation, the parties look to the court system and judges to resolve their dispute in a very public forum, each viewing the other as the adversary. This process often results in considerable emotional and financial cost to the entire family. Collaborative Law is a non-adversarial process that views a family in divorce as a family in crisis that has a series of problems to be solved, rather than a series of battles to be fought. The end goal is to meet the legitimate needs of everyone involved in a restructured family.
The process starts with both Husband and Wife retaining unaffiliated IL divorce lawyers who are collaboratively trained and who commit, in writing, not to go to court but instead to work together to help the couple reach agreements beneficial to all. If an agreement cannot be reached and one or both parties choose to proceed to court, the attorneys and experts are disqualified from proceeding further on an adversarial basis. With the focus on problem solving instead of adversarial representation, there is a strong likelihood conflict will be reduced, allowing the couple to resolve and reach agreements.
The parties meet privately with their respective lawyers and possibly additional experts, called “Team Members” who may include a child specialist, a neutral financial professional, and divorce coaches, all of whom perform a valuable service helping to minimize conflict and cost by guiding the parties towards an amicable resolution.
Collaborative law is similar to but differs from mediation in some significant respects. In mediation, a neutral third party (the mediator) facilitates the parties’ negotiation to help reach a settlement but cannot give legal advice, advocate for either side, or draft the final legal papers necessary. In Collaborative Law, both parties have independent lawyers present during negotiation to provide legal advice in an educational context, thereby empowering the clients to make informed decisions about their lives and their children’s lives. When agreement is reached, the Chicago divorce attorneys will prepare all the papers necessary and will accompany the parties to court to finalize their case.
The best result in any family law matter is a negotiated settlement. Divorce is a unique type of adversarial proceeding in that often the parties must deal with each other for many years following the dissolution of their marriage, especially if they have children.
Who has custody of the child or children is an important issue in every case, but just as important is assuring the necessary financial resources to be able to maintain a child’s standard of living now and into the future. The law recognizes this obligation and provides for child support to be paid by one parent to the other.
No matter how thorough the trial preparation and how skilled the Illinois divorce lawyer, at times a party in a high-stakes case is dissatisfied with the results and wants to appeal. Trial judges are not perfect and can make mistakes; at other times, one of the parties refuses to accept the trial court’s final decision.