Our Naperville Collaborative Divorce attorneys and Naperville Cooperative Divorce lawyers will assist you in reaching a speedy and cost-effective divorce without the need for expensive litigation. Collaborative Divorce and Cooperative Divorce are alternative dispute resolution methods that may be more cost-effective and less stressful than a traditional divorce if you believe that you and your spouse can negotiate the terms of your divorce in good faith and can openly and honestly exchange information outside of court.
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Naperville Collaborative Divorce & Cooperative Divorce Attorneys
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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.
Naperville cooperative divorce lawyer Kevin O'Flaherty explains recent changes to Illinois divorce laws.
Collaborative Law Divorce is a method whereby the parties can commit to negotiating the issues surrounding their divorce out of court with the purpose of eliminating the costs and emotional stress of litigation.
In a Collaborative Divorce, each party will hire his or her own attorney. It is important to retain Collaborative Divorce attorneys that have experience in this area of law and who are committed to the out-of-court negotiation process.
Once each side has retained an attorney, the parties and their attorneys will sign a document called a Participation Agreement. In the Participation Agreement, the parties will agree to negotiate in good faith an agreement regarding division of assets, maintenance payments, child support, and shared parenting time and responsibility. The parties will also agree to freely, honestly, and completely exchange information for the purpose of facilitating this agreement.
The distinctive feature of a Collaborative Law Divorce is that the attorneys will also sign the Participation Agreement and agree that, if the Collaborative Divorce process fails and litigation becomes necessary, the attorneys will withdraw from representing their clients. The upshot of this is that everyone involved is incentivized to be committed to the settlement process. The attorneys cannot use threats of litigation as a negotiating tool, and the parties understand that if the negotiation falls apart, they will have to start the process over with new attorneys.
Once the Participation Agreement has been signed by all parties, the parties and their attorneys will meet together several times in an attempt to bring the parties together on the key issues surrounding their divorce. Often, the parties will jointly retain neutral experts, such as accountants, financial advisors, and behavioral experts, in order to facilitate the agreement.
Typically, the Collaborative Divorce process is accomplished without a professional mediator being retained to resolve disputes that the parties and their attorneys cannot resolve independently. However, this is an option if the parties should become deadlocked but do not wish to litigate.
Once an agreement is reached on all issues, the attorneys will file the agreement with the appropriate circuit court along with a petition for dissolution of marriage. The court will typically enter the terms of the agreement as part of an order for dissolution in an expedited process.
Naperville cooperative divorce lawyer Kevin O'Flaherty discusses Illinois court ordered parenting classes.
Cooperative Divorce is similar in many ways to Collaborative Divorce. As in a Collaborative Divorce, the parties to a Cooperative Divorce will agree to negotiate in good faith out of court and to freely exchange information. As in a Collaborative Divorce, discovery and depositions are rarely conducted in Cooperative Divorces.
The key difference between a Collaborative Divorce and a Cooperative Divorce is that the attorneys in a Cooperative Divorce are not required to withdraw from representing their clients if the clients should be unable to reach an agreement and resort to litigation to resolve their disputes.
Naperville collaborative divorce lawyer Kevin O"Flahety talks about Collaborative Divorce and Cooperative Divorce
Both Collaborative Law Divorces and Cooperative Divorces are tools that the parties to a divorce can use to facilitate out-of-court settlement and reduce the potential for litigation and trial to resolve issues surrounding the Divorce. If the parties are successful in reaching an agreement, the parties are both saved the cost of litigation, making their divorce much less expensive. Litigation also creates an adversarial relationship between the parties to a divorce, which leads to stress on the family and negatively effects the parties relationship should they be required to share parenting responsibility after the divorce.