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On collaborative divorce in the state of Illinois

In our last post, we talked about Collaborative divorce and the Collaborative Process and how it can very beneficial for certain couples. Although the amount of time and money that can saved going through a Collaborative dissolution versus going a traditional divorce can be immense, and greatest benefit of a Collaborative dissolution is the reduced stress and anxiety to your family often associated with a traditional divorce.

But if you choose to go through with a collaborative divorce, what is the process? How does it work in the state of Illinois?

There are five distinct steps in the state of Illinois for a Collaborative dissolution:

1. Agreement to Participate: Both spouses must agree and both spouses must use attorneys' familiar with and willing to work within the Collaborative process framework.

2. Participation Agreement: The Participation Agreement is a contract signed by both spouses and their lawyers. Each signatory agrees to work towards resolving your marital problems using the Collaborative Process, with full and complete disclosure, and addressing the dissolution issues with good-faith.

3. Collaboration Conferences: A series of conferences will be held between the parties, their attorneys, and in many cases, mental health or financial neutrals as the Team works through and the issues involved in your particular divorce. Any necessary or needed discovery will be produced during phase of the process.

4. Document Preparation: When all the issues have been resolved, paperwork will be drawn up to reflect the agreements and resolutions made to complete the divorce.

5. Filing of the Divorce Case: Once your Agreement is signed and complete, the case will be filed with the Court and a Prove-up date obtained. The Prove-up is a necessary event where the Agreement is presented to the Court and the Court enters the Agreement.

If you are interested in learning more or using the Collaborative Process to obtain a dissolution, with Goddard & Malmquist. We are experienced with Collaborative dissolution cases, as well as post-decree and modification of Judgments using Collaborative.

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