Naperville, Illinois Collaborative Divorce Lawyers

Attorneys Helping Clients Use Collaborative Law in Naperville Divorce Cases

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.

When married spouses, unmarried parents, or other family members are involved in family law cases, they may encounter disputes that can be difficult to resolve. Litigating these matters in family court can be stressful, and it may lead to increased conflict, making it more difficult to find solutions. For many families, collaborative law can provide a beneficial alternative to litigation that will encourage respectful communication and cooperative problem-solving.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we help clients use collaborative law to reach practical, long-term solutions in divorce cases and other family law matters. Our attorneys work closely with our clients to identify their goals and make sure they understand their legal rights, and we help to negotiate fair and balanced agreements. By prioritizing cooperation and transparency, we help clients find solutions that will preserve relationships, protect their children, and give them greater control over the outcomes of their cases.

What Is Collaborative Law?

Collaborative law is a non-adversarial approach to resolving family law disputes. In a collaborative divorce or family law case, each party will be represented by an attorney who is trained in collaborative law. The parties and their attorneys will agree in writing to resolve their outstanding legal issues outside of court. The process focuses on open communication, mutual respect, and finding solutions that benefit the entire family.

The central element of collaborative law is the participation agreement. This document sets the tone for the process by establishing the following:

• Both parties agree to resolve disputes without litigation.
• The attorneys involved will withdraw if the case proceeds to court.
• All parties commit to full transparency and an honest exchange of information.
• Communication will be respectful and focused on problem-solving.

This agreement promotes a cooperative mindset and helps ensure that all participants are working toward shared goals.

Effective Representation in Collaborative Divorce and Family Law Cases

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our attorneys are trained in collaborative law, and we understand the unique strategies that may be used to help our clients achieve agreements that reflect their needs and priorities. We assist with a wide range of family law matters through the collaborative process, including:

• Divorce
• Legal separation
• Division of marital property
• Child custody and parenting plans
• Child support
• Spousal maintenance
• Post-decree modifications

We begin by helping clients assess whether the collaborative process is appropriate for their situation. If so, we help prepare for joint sessions, explain the legal issues that may affect negotiations, and work with other professionals as needed to ensure that discussions are productive while working to find effective, sustainable solutions.

The Collaborative Law Process

Collaborative divorce and family law cases will typically follow a structured, step-by-step process designed to promote open dialogue and shared decision-making. The steps involved in the collaboriative process may include:

1. Signing the Participation Agreement: All parties will agree in writing to resolve disputes without going to court.
2. Initial Meetings: The parties and their attorneys may meet to identify goals, clarify concerns, and develop a roadmap for negotiations.
3. Exchange of Information: Financial documents and other relevant materials will be shared voluntarily and transparently.
4. Problem-Solving Sessions: The parties and their attorneys may meet regularly to discuss specific issues and explore options. Our attorneys will work to ensure that the legal rights of our clients are protected while maintaining a cooperative tone.
5. Use of Other Professionals: As needed, neutral professionals may be brought in to assist with specific aspects of the case.
6. Drafting the Agreement: Once terms are agreed upon, our attorneys will prepare a written settlement that will be submitted to the court for approval. We will ensure that our clients fully understand the terms of their agreements and the legal requirements that will apply to them after court orders are issued.

Professionals Involved in Collaborative Family Law Cases

Collaborative law often involves a team approach, with neutral professionals helping to guide the process and provide insight into complex issues. These professionals may include:

• Financial Experts: Accountants or other professionals may assist with asset valuations, budgeting, tax planning, and property division.
• Child Specialists: Family therapists, child psychologists, or other mental health professionals may help address parenting issues, provide parents with an understanding of the needs of their children, and assist in developing parenting plans.
• Divorce Coaches: Licensed professionals may work with the parties to facilitate communication, manage emotional stress, and help maintain a focus on positive solutions.

Benefits of Collaborative Law in Family Cases

Collaborative law offers several advantages over traditional litigation, especially in emotionally sensitive family law matters. These include:

• The ability to hold a more respectful and constructive dialogue when discussing disputed issues
• Greater privacy and confidentiality
• Reduced legal costs in many cases
• The ability to resolve cases more quickly
• A focus on the long-term well-being of the parties, their children, or other family members rather than short-term victories
• Customizable solutions that can be tailored to meet a family's unique needs
• Improved communication, which can help the parties establish positive co-parenting relationships

Collaborative law can help families transition into new circumstances while minimizing disruptions and helping to avoid conflict. This can create a foundation for healthier relationships moving forward.