Champaign Collaborative & Cooperative Divorce

In this video, our Champaign collaborative divorce attorneys discuss how mediation is an often undervalued method that can potentially solve many family law related issues outside of court that allows parties to come to some form of agreement to Chicago family related issues that also prevents having to litigate these issues in court, saving time and money. In this article, our Chicago family mediation attorneys discuss typical family mediation practices and explain the Chicago mediation process.

In this video, our Champaign cooperative divorce attorneys explain Illinois spousal maintenance law, including factors courts consider in determining whether maintenance is appropriate and how courts determine whether to deviate from statutory guidelines.  If maintenance is appropriate, the court is instructed to use specific formulas to determine both the amount and the duration of the award in most cases.  In certain cases, courts are permitted to deviate from the statutory formulas, in which case the divorce court will use the statutory factors to determine the amount and duration of the maintenance award. In determining whether spousal maintenance is to be awarded, the divorce courts will assess the following factors.  These factors are also weighed to determine the amount and duration of child support in cases in which the statutory formula is not applied:

1. The income and property of each party;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. The "Homemaker Contribution";
5. Any impairment of the present or future earning capacity of the party against whom maintenance is sought;
6. The time necessary for the party seeking maintenance to obtain the appropriate education, training, and employment;
7. The standard of living during the marriage;
8. The duration of the marriage;
9. The age and physical and emotional condition of both spouses;
10. All sources of public and private income, including disability and retirement income;
11. Tax consequences of the property division;
12. Contributions of one spouse to the other's education or career;
13. Agreements between the parties;
14. Any other factor that the court finds to be just and equitable.

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In this video, our Champaign collaborative and cooperative divorce attorneys explain the alternative dispute resolutions in marital dissolution cases. A cooperative divorce is like a collaborative divorce in that the parties agree to negotiate out of court and in good faith.  The open exchange of information is necessary because in a collaborative divorce, attorneys usually don't conduct depositions or written discovery.The difference between a Cooperative Divorce and Collaborative Law Divorce is that attorneys don't have to remove themselves should litigation become necessary.  If negotiations fail, the parties can transition into court proceedings smoothly and cost-effectively