What is Collaborative Divorce?

Empowering People to Resolve Divorce Issues such as Property Division, Child Support, Alimony and Child Custody - Without Going to Court

Divorce is never easy. One of the most difficult and emotional aspects of divorce is the loss of control over one's life and feelings of uncertainty about the outcome. In traditional divorce litigation, a judge will decide sensitive and personal issues such as where the children will live, who will keep the house, and how your property will be divided. By agreeing to resolve these divorce issues outside of court, these decisions can be made by you and your spouse - the people who know what will work best for your family.

Your life will change after divorce, but you can be a guiding force in that change. The major decisions of your life do not need to be made by a judge who doesn't know you or by your former partner. With solid information, resources, and legal support, you can arrive at agreements on the major issues of your divorce: spousal support, property division, and child custody.

At the Law Offices of Jennifer C. Smetters clients will find the resources they need to use in the collaborative law process in divorce. Contact attorney Jennifer Smetters to learn more.

What is the Collaborative Law Process?

Collaborative law encourages members of the couple to negotiate in a respectful, solution-oriented environment with the support of trained professionals. Collaborative law is new in Illinois and not entirely regulated by statute so traditional divorce laws still apply.

You have your own lawyer and your partner will have his or her own lawyer. In collaborative divorce, both spouses and their counsel agree to resolve all issues in the divorce without going to court and litigating. Both lawyers are trained in the collaborative process and are committed to helping you arrive at a mutually acceptable agreement, but they are also committed to protecting your interests and your rights. This is particularly important if one spouse has had less power in the relationship or is less savvy about the family finances.

One of the biggest differences in the collaborative process is the inclusion of outside experts. You and your former partner will agree upon the financial experts and child custody experts you will use to gather information to assist you in decision making. That information will be provided to both of you, so your decisions can based on the same information - not conflicting information from opposing experts.

Is Collaborative Divorce a Good Option for You?

The collaborative divorce option is an excellent choice for many couples, including those with complex assets and family owned businesses who need financial expertise in arriving at a decision. Couples who want to maintain the confidentiality of information relating to a family business or complex investments often choose the collaborative law process. It is also a good choice for couples who want to work constructively together but who need support in doing so.

Collaborative divorce is not an option if one partner is unwilling to participate, or participates in a way that is dishonest or abusive. In these situations, family court may be your only option.

As a Chicago divorce lawyer with almost 10 years of experience in litigation and negotiation, Ms. Smetters is a strong legal advocate protecting her clients' interests while also encouraging creative solutions to property division and child custody.

Contact her Chicago family law office or call 312-360-1166 to learn more about how she can assist you through the collaborative divorce process.