Wheaton, IL Collaborative Law Attorneys

Lawyers Helping Clients in Wheaton, Illinois Resolve Divorce and Family Law Disputes Using Collaborative Law

For those who need to address family law issues, fighting battles in court may be difficult, expensive, and emotionally exhausting. Fortunately, there are other solutions for dispute resolution that may provide faster, more efficient, and more effective results. Collaborative law offers can be a positive alternative to litigation that will allow the parties in a family law case to resolve their disputes respectfully and cooperatively.

A lawyer with training in collaborative family law can help negotiate agreements while working to protect their client's rights. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that preserving family relationships and reaching mutually acceptable agreements can often be the best approach to take when addressing issues related to divorce, child custody, or other family law matters. During the collaborative process, we provide our clients with thoughtful legal counsel while working together with the other party to achieve positive solutions.

Understanding Collaborative Law

When a couple chooses to get a divorce, or when unmarried parents need to address concerns related to child custody, collaborative law can serve as a beneficial way to resolve the outstanding legal issues without the need for courtroom litigation. All participants, including the parties and their attorneys, will commit to resolving disputes through respectful dialogue and problem-solving rather than through contentious arguments.

The parties and their attorneys will sign an agreement at the beginning of the collaborative process. This agreement will state that they will work together to negotiate agreements in good faith, being open and honest and disclosing any information that may be requested. The goal will be to reach an agreed settlement without the need for court intervention.

The collaborative process will involve several key principles:

• Voluntary Participation: Both spouses must agree to engage in the process freely and in good faith.
• Transparency: Each party will commit to a full and honest disclosure of all relevant information, including financial documents and parenting concerns.
• Neutral Third-Party Professionals: The parties may agree to work with financial experts, child specialists, mental health professionals, or others who may provide impartial guidance and help resolve the outstanding issues.
• Withdrawal Clause: If courtroom litigation is unavoidable because the parties have been unable to reach agreements on certain issues, the attorneys representing both parties will be required to withdraw, and the parties will need to find new attorneys to represent them during court proceedings. This is meant to reinforce a strong commitment to resolving disputes outside of court.

Benefits of Collaborative Law

The collaborative process offers numerous advantages for many people involved in family law cases, including:

• Minimization of Conflict: By focusing on cooperation rather than confrontation, collaborative law can help to reduce hostility and promote civil relationships between the parties going forward.
• Prioritization of Children's Best Interests: By focusing on the well-being of their children, the parties can develop shared parenting strategies that will reflect their family's unique dynamics and encourage ongoing cooperation.
• Privacy: Unlike public court proceedings, collaborative sessions are private and confidential.
• Control Over the Outcome of a Case: Rather than relying on a judge to determine how issues will be resolved, the parties can find solutions that they will both be satisfied with.
• Long-Term Solutions: Because both parties will help shape the agreements made during a case, they will be more likely to follow the terms, which can help avoid future legal disputes.

The Attorney's Role in a Collaborative Divorce or Family Law Case

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers have the experience needed to address family law issues effectively, and during the collaborative process, we can assist with negotiations and conflict resolution. We can provide guidance on the legal issues that will need to be addressed, ensuring that our clients understand what requirements they will need to meet. We can work together with other professionals to address our clients' needs, and we will draft legal documents that fully detail the decisions made by the parties.

We will always encourage honest communication and constructive dialogue, and rather than escalating conflict, we will work to defuse it. Our goal will be to help clients resolve the outstanding issues in their cases and craft agreements that will meet their families' needs.

Certified Collaborative Family Law Practitioner

Lynn M. Mirabella is a certified collaborative family law practitioner. She was originally licensed to practice in 1987, and she is a former county prosecutor who now almost entirely devotes her practice to family law. She ensures that our team provides our clients with a practical understanding of legal concerns and skilled advocacy during negotiations.

Contact Our Wheaton Collaborative Divorce Lawyers

As you work to find effective solutions for divorce or family law matters, collaborative law may be the right approach for you. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can provide the legal representation needed to help you achieve your goals while minimizing conflict and encouraging ongoing cooperation. Contact our Wheaton, IL collaborative family law attorneys at 630-665-7300 to arrange a consultation and learn how we can assist you.