Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family law related professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation. The voluntary process is initiated when the couple signs a contract (a “participation agreement”) binding each other to the process and disqualifying* their respective lawyer’s right to represent either one in any future family-related litigation.
*Effective July 1, 2018, the Illinois Supreme Court, issued New Rule 294 that directly impacts lawyers practicing pursuant to the Collaborative Process Act (“The Act”) (750 ILCS 90/1 et.seq.). Specifically, this rule provides that a lawyer who has served as a collaborative process lawyer pursuant to the Act is disqualified from appearing before any tribunal representing any party in a proceeding relating to the collaborative process matter and must withdraw from representation if the collaborative process fails. While the Collaborative Process Act requires that the parties must discharge their lawyers if the collaborative process fails; the Supreme Court Rule more strongly provides that those lawyers are disqualified from representing the client in court if the process has failed.
Are you considering a collaborative law specialist in the Chicago area for your divorce?
Otherwise, reach out to any of the Chicago Divorce Lawyers of WARD FAMILY LAW, LLC, to get the legal advice and guidance you need.
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