b2ap3_thumbnail_shutterstock_704183452-2-min.jpg  Divorce is bound to be challenging regardless of the couples’ circumstances. However, divorcing spouses in the public eye often have unique challenges to overcome. Contentious divorce cases involving well-known individuals often become fodder for tabloids and news outlets. Even if a couple is only well-known in their local community, they do not want their divorce to become the subject of water cooler gossip at work or the local coffee shop. High-profile parents may also worry about what their children will overhear if their divorce becomes public.

Collaborative divorce is a divorce option that allows spouses to be represented by attorneys without the exposure of a public divorce trial.

Basics of Collaborative Divorce

In a collaborative divorce, each spouse retains a lawyer experienced in collaborative law. The spouses and their respective attorneys sign a document called a “participation agreement.” This document contains many promises, including the promise to negotiate in good faith, willingly share any necessary financial records other information, and maintain confidentiality.

The parties also pledge not to threaten litigation or make use of the court during the collaborative process. The purpose of the collaborative process is to reach a divorce settlement without any public court hearings or other court involvement. If the couples are unable to reach an agreement, the attorneys that represented them during the collaborative process are barred from representing them during litigation. The spouses must find new attorneys if they decide to go that route. This ensures that all parties are highly motivated to reach a settlement without the court’s involvement.   

Situations in Which Collaborative Law May Be Beneficial

Collaborative divorce can benefit any divorcing couple that is willing to cooperate and wishes to resolve their divorce outside of the courtroom. It can be especially useful if a divorce case involves sensitive information that the spouses want to keep private. For example, if a marriage ended because of infidelity, the spouses may worry about how that information could affect their personal or professional reputations. High-net-worth couples may have similar concerns about their personal finances or business financial information being leaked to the public during a trial.  

Contact a Palatine Confidential Divorce Lawyer

If you have concerns about privacy during your divorce, collaborative divorce may be the right option. To learn more about the collaborative process, contact Arlington Heights divorce attorney Nicholas W. Richardson. Mr. Richardson is trained in collaborative law as well as traditional divorce litigation. He and the rest of the team at the Law Office of Nicholas W. Richardson, P.C. can help you resolve your divorce in the most efficient way possible.

Source:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59