The collaborative practice approach to divorce is an option that allows divorcing couples to resolve disputes respectfully and fairly without a need to go to court. As an Illinois divorce attorney, I have found that many couples want to know more about a collaborative approach to their divorce and whether it is the right approach.
While there are no guarantees in any approach to your divorce, there are some key questions that you and your spouse should consider as you learn more about collaborative practice.
First, if you and your spouse want a civilized and respectful resolution to issues in your divorce and are able to focus on resolving these issues with solutions rather than seeking revenge or focusing on past complaints and criticisms, then the collaborative approach may be right for you.
Second, if you want to sustain a productive, ongoing working relationship with your spouse following the divorce, then the collaborative approach could be a good solution.
Third, and most importantly for divorcing couples with children, the collaborative approach accentuates co-parenting and keeps the interests of the children at the forefront of the divorce process. For couples who go through a traditional litigated divorce, the children are exposed to the negative components that arise when a divorce becomes a battleground between the spouses.
Fourth, and also of very important concern, the collaborative practice approach allows couples to maintain control over childrearing and financial decisions, rather than turning these decisions over to a judge.
Fifth, the collaborative practice approach allows a couple to maintain privacy in their divorce. Additionally, while the approach involves an honest exchange of information by both spouses, takes into account the highest priorities of both spouses and their children, and is based on staying out of court, it also means that the divorce is likely to be more economical and completed more quickly.
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