Divorce…….between 40% and 50% of all first
marriages end, and 60% to 65% of all second
marriages end. While common in our culture,
divorce is still a devastating experience for
the family living through it. Your financial
security may be threatened, time with your
children diminished, the comforts of home lost,
and friendships ruined. You will be asked to
make some of the most important decisions of
your life, at a time when you feel most
fearful, vulnerable and uncertain.
The traditional
approach to divorce involves each spouse hiring
an attorney, and then battling over money and
parenting rights in the court system, in front
of a judge. The litigation model is expensive,
emotionally draining, time consuming,
humiliating, and extremely damaging to the
relationship between the divorcing spouses.
Couples embroiled in litigation lose control
over decisions that will impact them and their
children, and often find themselves caught in
the system for years. Sometimes, unfortunately,
litigation is the only way a couple can reach
resolution and move on with their lives.
BUT
THERE IS A BETTER WAY!
Collaborative Law (or Collaborative
Divorce), provides an alternative way to pursue
divorce. The couple that engages in a
collaborative divorce will experience a process
without litigation, that instead uses
respectful dialogue and negotiation to resolve
differences and make decisions.
Here’s
how it works:
The individuals
involved in the divorce each agree to hire a
“collaborative attorney” who is trained in the
collaborative divorce model. The attorneys and
clients sign a contract agreeing to negotiate
the terms of the divorce without any reliance
on litigation. Divorce “coaches” are often
engaged, to assist the couple in using
productive communication, and in helping each
individual cope with the emotions associated
with the divorce. If there are minor children
involved, a “child specialist” may become part
of the collaborative team, to assist the
parents in making parenting decisions that are
best for their children. Finally, a “financial
neutral” is often consulted by the team, to
assist in understanding the complex financial
and tax implications of any financial decisions
that are made by the couple.
Couples who choose the Collaborative Divorce
model, often feel more satisfied with the
agreements that are reached, feel more
emotionally prepared for the changes associated
with the divorce, and maintain more respect for
one another as co-parents post-divorce.
Collaborative professionals deeply value the
potential of this process to protect the
well-being of all family members, and the
integrity of the co-parenting relationship. To
learn more about this divorce alternative,
refer to the website for The Collaborative Law
Institute of Illinois: www.collablawil.org
