Traditional divorce litigation can be mentally, emotionally, and financially draining for both parties. Contested divorces are oftentimes extremely ugly as much as they are expensive. Collaborative divorce is a terrific alternative that could lead to a more amicable divorce settlement. Collaborative divorce requires legal representation. A skilled and experienced divorce attorney who understands collaborative law can be a boon to your efforts.

What is Collaborative Law?

Collaborative divorce differs from traditional litigation in that it is an entirely voluntary process that allows couples to try and work out their differences away from the typical courtroom drama. Rather than trying to “win” the divorce, couples will have a chance to come to terms on contested issues in a less hostile setting. The focus in a collaborative divorce is to respect both parties’ wishes and concerns and try to create the best outcome for both parties and their children. The process requires a participation agreement signed by both parties and their lawyers.

Why Choose Collaborative Divorce Over Traditional Divorce?

There are many benefits to collaborative divorce over traditional divorce litigation. There are also a few drawbacks. For couples who are not dealing with threats of violence, collaborative divorce can be a fantastic way to sort out any contested issues they currently face. Before you consider choosing collaborative divorce, you must first understand the pros and cons of the process.

Like any form of mistreatment, emotional abuse is devastating. As with physical abuse, this behavior should be taken seriously by those who encounter it and a victim of abuse should seek help when necessary.

If you are going through a divorce, you might be wondering how your emotionally abusive partner will affect your case. The answer to this question is not simple. But, this is not a reason for despair. An Illinois family lawyer can assist you. Here at Fawell & Fawell, we are here to help you navigate your journey and will do the best we can to help.

What is Considered Emotional Abuse? 

It is important to define what exactly constitutes emotional abuse. In general, when people speak of an emotionally abusive spouse, they are describing a person who is attempting to control them in many areas of life. Here are a few examples:

Domestic violence is a very serious crime but can be especially hurtful when it comes from a partner. Often, the abused partners turn to divorce to secure their safety or the well-being of their children. No matter what, the safety of you and your children comes first. 

If you are in immediate danger, seek the aid of law enforcement or a domestic violence shelter. Once you are in a safe location, you can start with the divorce process. There are several measures you can take to protect yourself. Having the professional guidance of a divorce attorney is always ideal and can help you reduce all risks and concerns involved.

Can I File a Restraining Order Against My Partner?

The laws of Illinois protect domestic violence survivors. You can always file an Order of Protection while filing for divorce. The protection order limits your partner's contact with you and your children. The order also allows you to maintain everyone’s safety and privacy. Once you relocate to a safe area, change your contact information for added security. A divorce attorney who has experience working with victims of domestic violence can help you apply for an Order of Protection and start the divorce process. 

Marital problems are never simple to deal with. When they reach a breaking point, couples may consider legal options to move on. The two most common options are legal separation or divorce. Understanding the differences is important for making an informed decision.

What Is a Legal Separation? 

A legal separation is when both spouses decide to live apart. It is a court-approved agreement for separation, but a divorce is the only way to dissolve a marriage completely. So if you want to get remarried to some else, then a divorce may be best for you. 

Legal separation allows couples to step back, test a separation, and possibly reconnect in the future. When divorce appears too final, legal separation is a viable option. For many it could be due to religion or personal views. Divorce marks the end of a marriage and can be exhausting for both parties. It represents the end of the partnership. It can be a painful experience, so some view legal separation as a safer choice. 

The majority of divorcing spouses are going to be honest when declaring their assets. Both spouses have an obligation to do this completely and truthfully.

If you suspect your spouse might not be, it’s worth understanding where people tend to hide assets. Let’s look at some of the most common places.

Around the house

Yes, people do still hide money under the floorboards or in a hole in the garden. Others prefer a safe in the garage. They may even do it in full visibility by buying things and lying about their value to you – for instance, a painting or an antique.