The Heart of the Collaborative Divorce Process

On January 1, 2018, the Uniform Collaborative Law Act (“UCLA”) was enacted in Illinois. This means that divorcing couples, who want to preserve their relationship, protect their children and maintain privacy can contractually bind each other to resolve their divorce outside of the courtroom by choosing to use the Collaborative Divorce Process. Pursuant to the UCLA, parties officially enter the Collaborative Divorce Process by signing a uniform contract called the “Participation Agreement”. As promulgated by Section 15(a)(4) of the UCLA, this contract, which I have had the honor and privilege of drafting with an esteemed committee of local Collaborative practitioners, specifically requires that in the event the parties terminate the Collaborative Divorce Process, they must discharge their Collaborative lawyers and professionals and obtain new counsel. The disqualification provision is the heart of the Collaborative dispute resolution model because it…

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