Hinsdale Collaborative Law Attorneys

Lawyers Assisting With Collaborative Divorce in Hinsdale, IL

Billing and Fee Structures

We work to ensure that our fees are reasonable and affordable for all of our clients. To discuss our fee structures and learn about payment options, contact us at 630-665-7300.

For many people who are going through divorce or who need to resolve other family law issues, the courtroom may not be the ideal place to resolve these deeply personal matters. The adversarial nature of litigation can lead to escalated tension that may make conflicts worse. Litigation will often require high expenses, and it can leave lasting emotional scars for the parties and their children or other family members.

Collaborative law can provide an alternative approach to resolving disputes. It prioritizes cooperation and respect between the parties while allowing for customized problem-solving. Divorcing couples, parents involved in child custody cases, or other parties in family law matters can use collaborative law to resolve disputes outside the courtroom while maintaining control over the outcome of their cases.

Collaborative family law has become an increasingly popular option in Hinsdale and other parts of Illinois for couples and co-parents who are seeking constructive resolutions to their disputes. It can provide a framework for meaningful dialogue while addressing financial, parental, and emotional considerations with the guidance of attorneys and other professionals. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers provide representation for clients who wish to use collaborative law to resolve disputes quickly and efficiently.

Understanding the Collaborative Law Process

Collaborative law is a voluntary dispute resolution process in which the parties will agree to resolve their legal issues outside of court through open communication and cooperative problem-solving. Each party will be represented by a collaborative attorney, and they will make a commitment to work together cooperatively, provide each other with information upon request, and make a good-faith effort to resolve all outstanding issues in their case.

At the outset, the parties and their attorneys will sign a participation agreement, which outlines the principles of the process. This agreement includes a key provision: if the collaborative process breaks down and either party chooses to proceed to litigation, both attorneys must withdraw. This will require the parties to find new attorneys. With this provision in place, the parties and their attorneys will be encouraged to resolve their disputes through cooperative negotiations.

During the collaborative process, the parties will work together to resolve all outstanding family law issues, which may include:

• Division of marital assets and debts
• Spousal maintenance (alimony)
• Child custody and parenting time
• Child support
• Future co-parenting arrangements

Working With Financial and Parenting Professionals

Collaborative law encourages a multidisciplinary approach to dispute resolution. In many cases, outside professionals may be integrated into the process to help the parties address complex issues or emotional concerns. These professionals are neutral, and they work for the benefit of both parties. They may include:

• Financial Professionals: A certified divorce financial analyst (CDFA) or accountant may help the parties gather and analyze financial information, assess the long-term consequences of proposed settlements, and create budgets or asset division plans.
• Child Specialist: A licensed mental health professional with experience in child development may work with the parents and their children. They may provide input about the children's emotional needs and preferences, and they may provide suggestions about solutions for child custody and parenting time that will protect the children's best interests.
• Divorce Coach: A mental health professional who is trained in collaborative practice may assist the parties in managing emotional stress, improving communication, and navigating conflict. This can help to ensure that the collaborative process will continue to be productive.

This team-based approach can help the parties reach well-informed decisions. It can also help to avoid the issue of "dueling experts" that can occur during courtroom litigation.

Benefits of Collaborative Law in Divorce and Family Law Cases

Collaborative law offers numerous advantages for couples and families who are willing to resolve their differences through respectful negotiation. Some of the key benefits include:

• Privacy and Confidentiality: Unlike court proceedings, collaborative meetings are private. The discussions between the parties and their attorneys and the details of their negotiations will remain confidential.
• Reduced Conflict: The collaborative process is designed to minimize hostility and promote respectful communication. This can help to preserve relationships, which can be beneficial for parents who will continue co-parenting after their case is resolved.
• Customized Solutions: Collaborative law allows parties to craft creative, flexible agreements based on their family's unique needs rather than being limited to the decisions imposed by a judge during litigation.
• Cost Control: By avoiding litigation and working efficiently with a shared team of professionals, the parties can often reduce the overall costs associated with divorce or family law disputes.
• Empowerment and Control: The parties will have full control over the decisions that will affect their family going forward rather than leaving decisions in the hands of a judge who may know little about their personal circumstances.
• Faster Resolution: With cooperation between the parties, the outstanding issues in a case may be resolved more quickly, avoiding the time that would be required if matters were handled through litigation.

Collaborative law can be especially effective when both parties are committed to honest communication, transparency, and cooperation. It may not be appropriate in every situation, and the power imbalances involved in cases where issues such as domestic violence have occurred may make cooperative negotiations impossible. However, many families in Hinsdale find collaborative law to be a valuable option that will help them resolve disputes and maintain ongoing cooperation.