New Bills Look to Change Collaborative Law

 Posted on May 07, 2013 in Collaborative Law

The process of divorce is very difficult on the emotions on each partner, as well as any children.  Instead of going through a divorce publicly in a divorce court, there is an option to come to an agreement through collaboration.  Now the state government of Illinois is considering some new legislation about collaborative law to protect consumers.

The bills are Senate Bill 31 and House Bill 1029 combined are referred to as the Uniform Collaborative Law Act, or UCLA.  The hope is that by setting down the guidelines of the process and the expectations of the professionals managing this method of divorce, the divorce process will be easier.  This legislation is similar to Collaborative Acts already enacted in Hawaii, Ohio, Nevada, Texas, Utah, and other states.

One of the major advocates of this law is the Collaborative Law Institute of Illinois (CLII).  Current president Carlton Marcyan said that “the Uniform Collaborative Law Act will provide an alternative that promotes communication and a ‘common sense’ way to end their marriage intelligently and more rapidly.”  It also has the benefit of being much cheaper than a divorce presided by a judge in court.

The process of collaboration elicits creative thinking and problem solving by the two parties seeking a divorce.  Rather than letting a judge dictate how a divorce is settled, the mediation process uses a team approach so that both sides can agree to the outcome.  When it comes to agreeing about child custody, support and the division of property, two heads can be better than one.

It is important that you get what you need from your partner even in a divorce, which can happen with the guidance of a third party mediator.  Contact an experienced divorce attorney in Geneva who is skilled in collaborative law.

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