Divorce doesn’t have to be distressing or expensive; there are ways to have a quick and affordable divorce. Collaborative divorce and divorce mediation allow couples to openly discuss issues that are commonly addressed during divorce proceedings, such as what’s best for the children involved and how assets are divided. Whether this is possible for your case depends on you and your spouse, as well your divorce lawyer. Learn more about how to have a divorce that’s easier on your wellbeing and finances below.
What is a Collaborative Divorce?
Collaborative divorce is essentially the opposite of divorce litigation. Divorce litigation can be a long, painful, and expensive process that’s draining physically, mentally, and financially for the divorcing couple, as well as any children involved. Collaborative divorce doesn’t take place in a courtroom; instead, the couple resolves their issues and makes decisions in a calm atmosphere with help from trained professionals.
Typically, divorcing couples who choose to have a collaborative divorce will first hire a divorce lawyer in Chicago that specializes in collaborative law. Other professionals, such as a divorce coach, child specialist, and financial specialist, can also be included to provide guidance and advice wherever necessary. The agreements reached by the spouses are included in the judgement for dissolution of marriage, which is made final when the judge signs off on it as an order of the court.
What is Divorce Mediation?
Divorce mediation is similar to collaborative divorce. Rather than litigating issues like child support, child custody, parenting time, division of assets, and more, divorce mediation allows a divorcing couple to create solutions to their disputes. These discussions are overseen by an impartial mediator. After the couple reaches a mediated divorce settlement, a family lawyer is hired to help carry out the settlement by drafting the agreement and finalizing the divorce with the court system.
Divorce mediation can be advantageous in the following situations:
- A couple that owns a small business together chooses to divorce and wants to divide their assets.
- Parents who are divorcing need to find solutions regarding their children without going through painful litigation.
- A divorcing couple simply wants to have an amicable divorce that’s quick and cost-effective.
Which Factors Affect the Type of Divorce You’ll Have?
Generally, whether you’ll have a smooth divorce depends on two factors: the settlement between you and your spouse and your legal representation.
- Your Divorce Settlement Agreement: Do you and your spouse already have an idea of how you’d like to divide child custody, parenting time, assets, etc.? If so, you’re at a good starting point for divorce mediation. If you haven’t discussed those issues yet, but aren’t hostile toward one another, finding a divorce lawyer in Oak Park that specializes in collaborative divorce may be beneficial for you.
- Your Divorce/Family Lawyer: Some lawyers are more aggressive and confrontational than others. During heated divorce litigation, that personality trait may be an advantage for you, but during a collaborative divorce, it’s a hindrance. The point of diviorce mediation is for all parties to maintain a level head. Choose a lawyer with a personality and approach that makes sense for your situation.
Trust Our Family Lawyers in Chicago & Oak Park
At Conniff Law Offices, we understand the impact divorce litigation can have on families. That’s why we’re committed to delivering compassionate divorce mediation and collaborative divorce services whenever possible. Contact us to schedule a consultation in Chicago or Oak Park and learn more about how we can assist.