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Family Law

Collaborative Divorce and Cooperative Divorce

What Are Some Alternatives to Divorce? | Illinois Divorce Options

What Are Some Alternatives to Divorce? | Illinois Divorce Options

In this article, we’ll discuss the alternatives to divorce in Illinois including collaborative divorce, litigation and mediation.

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Collaborative Divorce vs. Cooperative Divorce Explained

Collaborative Divorce vs. Cooperative Divorce Explained

There are several ways that a divorce case can be resolved: litigation, arbitration, mediation, attorney-assisted mediation, collaborative divorce, and cooperative divorce.  In this article, we will explain collaborative divorce and cooperative divorce as alternative dispute resolution techniques in marital dissolution cases, and compare the pros and cons of each.  

COLLABORATIVE LAW DIVORCE

In a collaborative law divorce, the parties will each hire their own attorney.  Each party will meet one-on-one with his or her attorney to discuss what he or she would like to accomplish in settlement, as well as the minimum acceptable result.  Both parties and both attorneys will then sign a "Participation Agreement," in which everyone involved commits to the collaborative divorce process, which usually consists of the following clauses:

Both parties and both attorneys will then sign a "Participation Agreement," in which everyone involved commits to the collaborative divorce process, which usually consists of the following clauses:

  • The parties will agree to participate in the process in good faith and to freely and openly exchange information;  
  • The attorneys will be bound by the Participation Agreement to withdraw from representing their clients ;
  • The parties will agree to maintain the status quo regarding their children and assets during the course of the negotiations, unless mutually agreed otherwise.; 
  • The parties  will set forth the conditions under which the collaborative divorce process can be terminated without an agreement. 
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