Our experienced Lake in the Hills Collaborative and Cooperative Divorce Attorneys can help you avoid the headache of litigation. We will work with you to reach an affordable and extensive negotiated agreement.
Please contact our friendly
Lake in the Hills Collaborative Divorce Attorneys
at our nearest location to schedule a free consultation:
See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.
Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.
Collaborative Law divorce is another may be a less stressful and more cost-effective way to resolve any disputes that may arise. In a collaborative Divorce, A “Participation Agreement” is signed by both parties and each of their attorneys at the beginning of the case. This states that the parties agree to try to negotiate any and all issues that may arise out of court and in good faith, they also agree to voluntarily exchange information without proper discovery.
It is important to remember that the Participation Agreement states that if all issues cannot be resolved out of court, both attorneys for both parties must withdraw themselves from the case. In the event that the case goes to litigation both parties must retain new attorneys for the litigation. This clause is put in place to make both parties and their attorneys less likely threaten litigation as a negotiating tool. This encourages all parties involved to find different methods of resolving difficult issues without the help of the court.
Once the Participation Agreement has been signed by all parties involved, everyone involved must participate in four-way meetings in hope to negotiate all issues at hand including but not limited to, marital settlements, joint parenting agreements and child support. Generally, there is no mediator in a Collaborative Divorce, one may be hired by the parties if negotiations without mediation are not successful.
At the time of agreement, attorneys will then file it with the circuit court along with a petition for dissolution of marriage. Lastly, the court will approve and enter the agreement along with the order of dissolution in an expedited proceeding.
Like Collaborative Law Divorce, both parties agree to negotiate out of court and in good faith without formal discovery. However, in Cooperative Divorce, attorneys do not agree to remove themselves from their clients in the event that litigation becomes necessary. This allows for both parties to transition from out-of-court negotiations to court proceeding without having to start from the beginning with new attorneys. This allows the transition to be cost-effective and less stressful.