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I am (respondent) looking for a collaborative divorce. My spouse already has a counsel who filed for the divorce..

Rolling Meadows, IL |

Do we need both collaborative lawyers in Cook County, IL? If so My spouse should fire the current lawyer for a collaborative lawyer?

Attorney Answers 4

Posted

It will cost less for travel if both lawyers are in cook county. If the case is there why hite an out of county lawyer?There is no rule or law that says you have to though. Was the case filed in Rolling Meadows? That is up to your husband if he wants to fire his lawyer or not and really not your business. Why is the case collaborative anyway? Is it a really big case or lots of issues?

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Posted

I speak from experience as I am fully trained in collaborative law. I have found that the collaborative model, which is seems to be (or at least used to be) popular in DuPage County, is not so popular in Cook County. (It is also big in parts of California.) Additionally, unless there are significant assets, collaborative law is actually a more expensive approach to divorce than the standard adversarial position because of the number of outside experts needed to accomplish the goal. Furthermore, the attorneys have less control over the entire case and therefore are less able to advise their clients. Unless you are bound and determined to proceed with with a collaborative divorce, you may be best served by simply finding an outstanding family law practitioner in your area.

There are many online resources for collaborative law.

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3 comments

Peggy M. Raddatz

Peggy M. Raddatz

Posted

It seems to be sort of a marketing technique for some attorneys. I agree wholeheartedly.

Judy A. Goldstein

Judy A. Goldstein

Posted

Actually, it isn't a marketing technique. It's a bona fide method for reducing court time while maintaining privacy. I personally believe both can be accomplished while still keeping the lawyers in control of the case. We all have different approaches. I like being involved in the settlement process through discussions directly with my opponent or with the other pro se party and not being handed settlement terms from one or more other professionals and then my client being being bound by those agreements and my roe reduced to little more than scrivener instead of acting as counselor at law. The method works well for some. I prefer not to handle those sort of case so I turn away those clients and refer them to attorneys who like the collaborative approach.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I have worked with it also and I agree. I meant some issues concept to market their practice. I too do not care for it and believe it actually adds time and cost to the process

Posted

In most collaborative law models, the case isn't filed until the process is concluded and an agreement is reached. The whole point of going the collaborative route is to keep the case out of court until the agreement is finished. It sounds to me like YOU are doing a "collaborative divorce" and your husband (or, at least his attorney) is beginning an adversarial divorce.

You both need attorneys. I need more information before I can answer anything further. Questions? Call -- 312-987-9999 -- no charge, no obligation.

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Posted

I believe that a cooperative agreement is the best. However, I think that if you have an attorney that can't do a trial, that it is more difficult to keep everyone cooperating. Find an attorney that understand you. I handle Cook, DuPage, Will, Lake and Kane for over twenty years. On cell dial: **DIVORCES

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