DuPage Collaborative Divorce: The Participation Agreement

Posted by Erin Birt | Mar 02, 2012 | 0 Comments

This post will focus on the DuPage Collaborative Divorce: The Participation Agreement. DuPage collaborative divorce begins with a participation agreement.  The participation agreement in collaborative divorce is a contract between the parties that generally includes the following topics and information:

* Affirmative Statements by the Clients – each party understands the collaborative divorce process;

*Goals – best interest of family to avoid litigation, resolve disputes in private non-adversarial manner, freely and voluntarily commit to the collaborative divorce process;

*No Court Intervention – an explanation of why;

*Cautions for Collaborative Divorce – acknowledgment that as in any negotiation there are no guarantees of success, etc.;

*Participate with Integrity and Good Faith during Collaborative Divorce Process;

*Explanation of and need for Professional Team Members such as other experts in the Collaborative Divorce Process;

*Confidentiality;

*Children's Issues;

*Withdrawal of Attorney for Violations; and

*Termination of Collaborative Divorce Process and Disqualification of Collaborative Divorce Attorneys in future litigation matters.

In DuPage County, Collaborative Divorce Attorneys that are fellows of the Collaborative Law Institute of Illinois will use a similar and standard Collaborative Divorce Participation Agreement.  It can be revised to meet the needs of the parties and the family.  Such revisions can take place prior to or at the first collaborative divorce meeting.

Clients of The Law Firm of Erin Birt will also review and sign an engagement agreement for legal services per Illinois law. Feel free to contact us to discuss the need for both agreements and if you would like to review the agreement prior to meeting with Collaborative Divorce Attorney, Erin Birt.

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About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.

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