Our Tinley Park Collaborative Divorce and Cooperative Divorce attorneys will help you reach an affordable and favorable negotiated agreement.
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Tinley Park Collaborative Divorce Attorneys
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Family law attorney Kevin O'Flaherty explains collaborative divorce and cooperative divorce as alternative dispute resolution techniques in marital dissolution cases, and compare the pros and cons of each.
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.
Collaborative Law Divorce is an alternative form of dispute resolution that has the potential to make divorce less stressful and more cost-effective. Both parties and attorneys will sign a document called a “Participation Agreement” at the beginning of the case. This agreement states the parties will agree to attempt negotiation on issues related to divorce out of court in good faith and openly and freely exchange information without discovery.
It's important to remember that the Participation Agreement does states that if every issue can't be resolved out of court, the attorneys used by the parties must withdraw their representation. If the case continues to litigation, the parties are required to retain new attorneys for litigation. This is meant to make both parties less likely to use litigation or threats of litigation as a tool.
Additionally, the Participation Agreement will also provide the circumstances in which the Collaborative Divorce negotiations can be terminated and which issues may be tried in court.
Once the Participation Agreement is initiated, the parties start a series of four-way meetings where they negotiate martial settlement agreements, joint parenting agreements and solutions for maintenance, child support, parenting time, asset division, and responsibility.
Parties occasionally retain neutral experts including, divorce coaches, financial advisers, accountants or behavior experts to make the process as smooth as possible. Mediators typically aren't involved in a Collaborative Divorce however, though one can be retained if it is believed to make the process easier.
When an agreement is reached, it will be filed with the circuit court of the appropriate county along with the petition for dissolution of marriage. The court would then approve and enter the agreement as part of the order of dissolution.