There are many ways to solve most problems, including issues arising in the context of Dissolution of Marriage and other family-related legal issues. Attorneys Sandi Bruckner and Rachel Hernandez have received advanced training in interest-based negotiation through the International Academy of Collaborative Professionals in order to offer clients the alternative dispute resolution option of the Collaborative Process. While the traditional courtroom model, wherein a judge decides the outcome, may be appropriate in some situations, our legal team has observed that, “win” or “lose,” most people leave litigation dissatisfied with the overall process. Other paths for resolving disputes out of court, with appropriate professional support, can have the effect of preserving familial relationships, which is particularly important for future co-parenting.
The International Academy of Collaborative Professionals (IACP) has found that there is a high success rate when divorcing parties choose to use the collaborative process, with nearly 90 percent of cases reporting positive outcomes by using the collaborative method.
At Bruckner Hernandez Legal Solutions, LLC, we use our over forty years of combined experience to help individuals and families work collaboratively through the divorce process. Our attorneys apply their compassion and negotiation experience to pursue peaceful and positive resolutions that, through the assistance of other professionals, create workable agreements within restructured familial relationships.
The collaborative divorce process is a method that promotes mutual and joint problem solving between spouses. By approaching the matter in a benevolent way, couples are often able to avoid litigation and reach an agreement by developing a new relationship with an ex-spouse. During the divorce process, the two spouses agree to several guiding rules of the collaborative process by signing an agreement that includes various terms and requirements. The result of the collaborative process is that spouses are allowed to obtain detailed information, appropriate guidance from other experts, and proceed through the divorce process in a more transparent manner.
There are several benefits to using the collaborative divorce process:
- Compliance is more likely. Because collaborative divorces typically involve spouses who, despite their desire to dissolve their marriage, seek to be on positive terms, the divorce is more likely to be resolved in a positive manner.
- More opportunities. Spouses who use the collaborative divorce process are allowed to consult with financial, mental health, and parenting experts.
- The process is cost effective. The collaborative divorce process is generally more cost efficient than other types of divorce processes.
- The process is less time-consuming. Collaborative divorces take each party’s schedule into consideration and usually take less time than other types of divorces.
- The process is more confidential. Meetings during the collaborative divorce process are much more confidential and personal than divorce processes that occur in courts. Parties can be open about the issues and address them without fear that they will be made part of a public record.
While most people would like to resolve their legal disputes without the need for judicial intervention, there are important factors to consider with respect to the collaborative divorce process:
- New attorneys – Many collaborative divorce agreements require that both spouses hire new attorneys in the event that the collaborative process is not successful. If one party is not open to the process, it could be costly.
- Trust and respect – The collaborative divorce process requires that both spouses respect and trust one another to communicate about all matters regarding the divorce in an honest manner.
- Transparency – There must be open and complete exchange of all financial information in order to make the collaborative process successful.
If you require the assistance of a skilled and understanding attorney, consult Bruckner Hernandez Legal Solutions, LLC today. From start to finish, we will make sure you are comfortable with the process. Call our St. Charles, Illinois, office today at 630-888-0017 or contact us online. We serve clients in Kane and DeKalb Counties, including but not limited to the communities of St. Charles, Elgin, Batavia, Aurora, DeKalb and Sycamore.
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Rachel Hernandez of Bruckner Hernandez Legal Solutions, LLC attended law school with a goal of working on behalf of children and families in crisis and is a qualified Guardian Ad Litem (GAL) in Kane County. A Guardian Ad Litem is an attorney, appointed by the court to assist the court with issues regarding disputes involving children. (read more)
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