Erlich Law Office

Call Today (630) 538-5331
Call Today (630) 538-5331
Evening and weekend appointments available
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Considering Collaborative Divorce? Read This First

Denise Erlich Image avatar by Denise Erlich

A couple is divorcing, giving back to marriage ring

Collaborative divorce seeks to encourage the divorcing couple to work together toward an agreement without going to court. This alternative dispute resolution (ADR) approach requires both parties to hire separate collaborative attorneys who agree to work together toward a settlement. The attorneys are specifically trained in collaborative law so the focus is to solve problems to reach a win-win solution for both parties.  It also requires both parties to be actively involved in negotiations and problem-solving. 

How Does Collaborative Divorce Help?

Collaborative divorce is beneficial for couples who are not satisfied with the adversarial approach of traditional litigation. Some benefits associated with this process include the ability to reach a mutual agreement without going to court, reduced stress and emotional trauma, and increased and improved communication, which can lead to a better post-divorce relationship.

Collaborative law divorce does not allow for a winner and loser, but instead produces a win-win situation. The result tends to be more satisfying, as well as less stressful, and less expensive for both parties than litigation.

Best Candidates for Collaborative Divorce

Collaborative divorce works well for couples who want to achieve the best relationship with the other spouse post-divorce.  It’s a perfect choice for parents who want to make decisions in their children’s best interests. It also works well for anyone who prefers a non-adversarial divorce process.

Ways Collaborative Divorce Differs from Litigation

The main difference between collaborative divorce and litigation is that the collaborative process results in an out-of-court settlement which focuses on the couple’s common goals, while the judge decides the outcome in litigation.  Litigation can take years to complete, whereas collaborative divorce settlements are reached more quickly.

Collaborative divorce differs from mediation because the latter functions more as a forum for negotiation than as a binding process. Collaborative divorce should not be confused with “unbundled” legal services, in which clients purchase specific tasks from their attorneys.

Why Collaborative Divorce is Not for Everyone

Not everyone can successfully use this method of untying the knot. Some individuals may have trouble becoming flexible enough to arrive at mutually satisfactory agreements. Others may have trouble communicating clearly and calmly with their spouse or partner during an emotional time and are unwilling to be in the same room as their spouse.

This option is likely to fail if either party feels the need to continue to blame the other for marital problems and is unable to look forward. Collaborative divorce is right for couples who can communicate well even when under stress and think clearly enough to arrive at a win-win solution, and who have a goal of having an amicable relationship with their spouse after the divorce is final.

Share Button

  • Family Law
    • Divorce
    • Child Support
    • Child Custody and Visitation
    • Spousal Support
    • Post-Decree Modification
    • Order of Protection
  • Business Litigation
  • Collaborative Law

Categories

  • Child Custody
  • Divorce
  • Family Law
  • Infographics
  • Spousal Maintenance (Alimony)
  • Uncategorized
  • Visitation
Denise Erlich Avvo Rating Denise Erlich avvo review Denise Erlich Avvo clients choice Denise Erlich Avvo clients choice

Archives

  • September 2022
  • August 2022
  • July 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • December 2014
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Experience. Trust. Results.

Erlich small logo
Erlich Law Office, LLC
1 Mid America Plaza 3rd Floor
Oakbrook Terrace, IL 60181
Phone Number: (630) 538-5331
Fax Number: (630) 563-2424

Linkedin facebook

 

get driving button visa icon mastercard logo american express logo

Copyright © 2018 Erlich Law Office, LLC. All rights reserved.

Disclaimer | Privacy Policy

Site Map

LawFirm Websites by MarketJD