Our Elmhurst collaborative divorce attorneys explain how a collaborative Law Divorce is an alternative to litigating the issues involved in your divorce through the court system. If both parties are negotiating the terms of the divorce in good faith, it can be much more cost-effective than traditional divorce.
In a Collaborative Divorce, as in a traditional divorce, each party will hire his or her own attorney. However, unlike a traditional divorce, both parties and each of their attorneys will sign a document called a "Participation Agreement" at the beginning of the process. The Participation Agreement will typically provide that:
- The parties agree to negotiate in good faith outside of court with the hope of avoiding the necessity of litigating the issues involved in the divorce;
- The parties agree to openly and honestly exchange complete information so traditional divorce tools such as written discovery and depositions will not be necessary;
- The attorneys agree that should the Collaborative Divorce process fail and litigation becomes necessary, they will withdraw representation from their clients and will not be permitted to represent their clients in any ensuing litigation.