Divorce can be one of the most emotional and financially taxing events in a person’s life. Not only must you make sense of a failed intimate relationship, but you may also be doing so under diminished capacity. You’re simply not yourself during a divorce. Before, you were confident, reasonable, fair-minded, and thoughtful. Now it may take everything you have just to get out of bed. In addition, you may be experiencing shame, confusion, uncertainty about the future, and anger. Unfortunately, the legal system and expectations of others frequently spur us to act in ways that are not in our long-term best interests. From the moment you place your first call to a divorce attorney, you are conditioned to think of divorce as a zero-sum game in which only one party can emerge victorious. As a result, divorcing parties frequently make shortsighted decisions based on emotions rather than reason. Consequently, contested divorces often serve no one, including your children. In sum, divorces are expensive. They cause emotional scarring. And they frequently fail to provide for the future. As a solution, Illinois divorce law recognizes collaborative divorce as a viable alternative to going to war. What Is a Collaborative Divorce in Illinois? The Illinois Collaborative Process Act (ICPA) defines “collaborative process” as a “procedure intended to resolve a collaborative process matter without intervention by a court.” While the parties may have a serious conflict with each other, a collaborative divorce removes the matter from the traditional adversary system. There is no invasive discovery. There are no antagonistic depositions. More importantly, there is no unpredictable trial. In general, collaborative divorces have two distinguishing characteristics: Both parties agree to resolve all issues in a manner that is both respectful and amicable outside of the courtroom. The parties are each represented by a collaborative divorce attorney. Do I Need an Attorney to Get a Collaborative Divorce? No law prohibits you from representing yourself in a collaborative divorce. However, it is not advised. Unlike you, a collaborative attorney does not have a personal stake in your divorce. This means that their judgment will not be influenced by emotions. Furthermore, collaborative attorneys go through special training to become collaborative divorce lawyers. This is in addition to the general training required to become a lawyer. Collaborative divorce attorneys are well-versed in turning win-lose divorces into win-win settlements. Should you be uncomfortable with a certain term of your divorce, collaborative divorce lawyers will zealously advocate to change it for your benefit. How Does the Collaborative Process Work? In general, the collaborative process consists of a series of meetings during which the parties’ attorneys cooperate to provide a structured, non-adversarial environment. This can help the parties see eye-to-eye on issues such as property division and parenting time. Once the parties agree to attempt a collaborative divorce, they, along with their lawyers, sign a participation agreement. This agreement commits the parties to try to resolve all marital issues in accordance with collaborative principles. Rather than focus on each party’s respective rights and entitlements, the collaborative process focuses on each party’s specific needs and interests as well as the needs and interests of any children of the marriage. Once you reach an agreement, the collaborative lawyers draft the necessary paperwork and submit the written agreement to the court for approval and entry of judgment. In addition to lawyers, parties going through a collaborative divorce frequently employ a team of professionals who are experts in a specific aspect of the divorce. These specialists often include divorce coaches, family specialists, and financial planners. Divorce Coaches Divorce coaches help collaborating parties deal with the emotional aspects of divorce. They advise clients on how to set and achieve goals for the divorce. While neither a therapist nor social worker, a divorce coach instructs the parties on effective communication skills during negotiations as well as coping strategies. In addition, divorce coaches serve as go-betweens if communication breaks down during settlement negotiations. Family Specialist Family specialists are common in collaborative divorces where the parties have minor children. They help the parties reach a fair agreement concerning issues like parenting time and the allocation of decision-making authority. In addition, family specialists work with the parties to develop the communication skills necessary for effective co-parenting. Financial Specialist Parties to a collaborative divorce commonly use financial specialists to assist with the identification, valuation, and division of marital property. The financial specialist takes into consideration the parties’ specific needs and interests to determine alternative ways to divide the assets. In addition, financial specialists assist in completing relevant court-mandated documentation, such as financial disclosure forms. What Happens If the Parties Still Disagree on One or More Issues? In a collaborative divorce, the parties’ lawyers have an incentive to facilitate a compromise. In the event the parties and their attorneys fail to reach a settlement, the collaborative divorce process terminates, and the parties will have to go to court. In this event, the Illinois Collaborative Process Act requires both attorneys, and their respective law firms, to cease representation. Collaborative divorce attorneys are prohibited from representing the parties if the case goes to litigation. Is a Collaborative Divorce Right for Me? Collaborative divorce is not for everyone. Collaborative divorce may not be possible where the parties refuse to work together. In addition, the upfront costs are generally more than for a traditional divorce. This is because the parties must pay for the time of the various collaborative divorce experts. This typically includes retaining a divorce coach, financial specialist, and family specialist. In collaborative divorces involving significant assets, parties commonly pay even more to hire business valuation experts and estate planning attorneys. However, the cost of a collaborative divorce pales in comparison to the costs of litigation. Contact an Experienced Collaborative Divorce Attorney Who Can Help You Understand Your Options Collaborative divorce helps you make good decisions during a bad time. If you can work together with your spouse, then a collaborative divorce can save you a lot of stress and heartache. Finding an effective attorney...
Keep ReadingHow To Get a Divorce in Illinois
Divorce is one of the most difficult experiences a person can endure. In addition to losing a cherished relationship, one must navigate a complex and uncertain legal process. For short marriages with no children and minimal assets, the State of Illinois provides guidance documents to assist in getting the process started. Divorce with children or shared significant assets is a different matter. If you wish to learn more about divorce in Illinois, the following should help you establish a basic understanding of what the process looks like, and what you should do next. What Are the Grounds for Divorce in Illinois? Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), fault-based divorce has been eliminated. In a divorce in Illinois, there is only one ground for dissolution: Petitioners must allege that irreconcilable differences have caused the breakdown of the marriage. This applies whether the divorce is contested by the other party or not. What is Uncontested Divorce in Illinois? When the parties can remain amicable and work together, they may be able to get an uncontested divorce. In an uncontested divorce, the parties agree to all aspects of the property division and, if they have children, agree to all aspects of the custody order, parenting plan, and child support schedule. An uncontested divorce can save both parties significant time, stress, and financial resources. Moreover, in Illinois, there is no waiting period for an uncontested divorce. If the parties agree on everything, they can move on with their lives once the court signs off on the property and/or childcare matters. Note that Illinois residency requirements still apply. One or both of the parties must have lived in the state for at least 90 days before filing. Looking for guidance on getting a divorce in IL? You’re in the right place. Call 24/7 for a free consultation: (773) 938-4747 What is Contested Divorce in Illinois? Once a spouse receives the divorce papers, they have 30 days to respond. If they choose not to respond, the court will likely adopt the other spouse’s proposed property division and parenting plan. If their response is timely and the parties disagree as to the division of marital property or matters involving the child, they will have to go to court. The court will most likely order the parties to mediation to see if they can negotiate an agreement. If no agreement is reached, the parties will have to have a hearing, and the court will decide. Under Illinois law, a court must enter its judgment of dissolution of marriage within 60 days of the close of the hearing. The Basics of Division of Marital Assets and Debts in Illinois Divorce One of the most important matters addressed in divorce is property division. Sometimes this process is governed by a prenuptial agreement signed by the parties before marriage. In the absence of a prenuptial agreement, the spouses can agree as to how to divide up their property in a written settlement agreement. Should the division of property become contested, a court will have to decide through a process called “equitable division.” This means an Illinois court will divide assets and debts based on what is fair, not necessarily what is equal. In a divorce in Illinois, courts do not take fault into consideration when dividing marital property. What Is Marital Property? Only property classified as “marital property” is subject to equitable division. Marital property includes nearly all assets and debts acquired from the date of marriage. This includes income, retirement accounts, houses, cars, appreciation of assets, and credit card debt. What Is Separate Property? Under Illinois divorce laws, the following typically constitute separate property: Property acquired after a judgment of legal separation; Property excluded by valid agreement; Property acquired before the marriage; and Property acquired through inheritance or gift. Separate property is not subject to equitable division. However, a court may take a party’s separate property into account when deciding how to equitably divide the marital property. Determining Parental Responsibilities in Illinois Divorce Upon filing for divorce, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires the court to determine the “parental responsibilities” of the parents. This includes allocating significant decision-making responsibility and parenting time. Significant Decision-Making Responsibility “Significant decision-making responsibility” refers to the legal authority of parents in Illinois to make major decisions impacting the child’s life. When allocating significant decision-making responsibility, Illinois divorce courts consider a list of factors to help determine whether a particular allocation is in “the best interest of the child.” These factors include: The wishes of the child (assuming the child is of sufficient age and maturity to share a reasoned and independent preference); The child’s adjustment to their home, school, and community; The mental health and physical health of the child and parents; The parents’ willingness to cooperate in the day-to-day decision-making for the child; Each parents’ history of making significant decisions that impact the child; Past conduct or agreement of the parents relating to decision-making for the child; The preferences of the parents; The child’s needs; The distance between the parents’ homes, the cost and difficulty of transporting the child, and everyone’s day-to-day schedule; Whether a parent has engaged in behavior that seriously endangered the child; The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and other parent; Whether either parent has made threats of violence to the child; The presence of abuse to the child or another member of the child’s family. Whether a parent is a sex offender; and Any other factor that the court expressly finds to be relevant. Courts typically award significant decision-making responsibility to both parents unless such an award is not in the child’s best interest. An example would be if one parent has endangered the child in any way. Courts award significant decision-making responsibility in four general categories: extracurricular activities, health, religion, and education. Parenting Time Parenting time refers to the amount of day-to-day and overnight time each parent has...
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