The Illinois Collaborative Process Act (ICPA) is found in 750 Illinois Compiled Statute (ILCS) § 90/1, and state law defines a collaborative process as a procedure that is intended to resolve a collaborative process matter without intervention by a court in which people sign a collaborative process participation agreement and are represented by collaborative process lawyers. A collaborative process can be an excellent way for people in Illinois to resolve their divorce issues without having to take their cases to trial.
Brinkmeier Law, LLC is capable of representing people in collaborative divorce processes. Our firm handles these kinds of cases in locations all over Cook County, DuPage County, Will County, Lake County, and McHenry County.
It is important for any person considering a collaborative divorce to immediately seek the help of a collaborative divorce lawyer. While legal representation is included in the state definition, it is not necessarily required although people must understand the tremendous risks to representing themselves in collaborative divorce cases.
A collaborative divorce will usually involve a series of meetings between the spouses and their attorneys. Before anything can begin, all parties will sign a participation agreement that commits all parties to trying to resolve their conflicts in accordance with collaborative principles.
A collaborative divorce process will not focus so much on the rights and entitlements of parties as it will their needs and interests. The needs and interests of any children can also play a major role in these proceedings.
When a collaborative divorce does not result in a workable agreement between the parties, then the collaborative process will terminate, and the spouses must take their case to court. Collaborative divorce attorneys are forbidden from continuing to represent individuals in litigation.
On the other hand, when collaborative divorce proceedings do lead to an agreement, then the lawyers draft the necessary paperwork and submit the agreement to the court for approval and entry of judgment. Multiple specialists could be called in to assist with the collaborative divorce process.
A divorce coach could be used for assistance negotiating with a spouse, and family specialists can also assist with communication issues. Financial specialists may be called in for advanced property division issues, and additional specialists may include child specialists, social workers, and parenting coaches.
A collaborative divorce differs from mediation in that mediation involves a neutral third party known as a mediator that is assisting spouses in reaching a resolution. Collaborative divorce allows spouses and their lawyers to be the only parties negotiating agreements.
Collaborative divorce proceedings allow spouses to avoid stressful hearings because there can be a clear path to resolution provided both spouses remain committed to resolving issues in good will. Collaborative divorce often succeeds because the lawyer involved is motivated to find solutions rather than abandoning the cases.
If you and your spouse are actively considering the collaborative divorce process in Illinois, you need to get yourself qualified legal representation. Brinkmeier Law, LLC, is fully capable of representing individuals in collaborative divorce proceedings.
Our firm will work closely with you to identify your goals from the start and develop an agreement that satisfies all of your current and long-term needs. You may call (312) 291-4486 or contact us to schedule a free consultation with our Illinois collaborative divorce attorney.