When many people think of divorce, they imagine a tense courtroom scene involving two bitter spouses intent on “winning” the divorce. Fortunately, there are many ways to end a marriage without the need for aggressive court battles. If you are planning to get divorced, you and your spouse may understandably struggle to see eye-to-eye about certain things. You may have different opinions about who should retain ownership of the family home, how bank account balances should be divided, who should have the majority of parenting time, or other issues. Collaborative divorce offers a way for divorcing couples to work on finding a resolution to divorce issues without the hostility, expense, and stress associated with divorce litigation.

The Collaborative Divorce Process in Illinois

During a collaborative divorce, each spouse retains an attorney who has been trained in collaborative law. The spouses and their respective attorneys hold a series of meetings to identify unresolved divorce issues and work on finding solutions to these issues that both spouses agree to. Before negotiations begin, spouses and their lawyers sign a commitment called a “Participation Agreement.” In the agreement, each member of the collaborative team commits to work together cooperatively and honestly. The spouses also agree to voluntarily provide any relevant information needed during the collaborative process, such as financial documents. The collaborative team may also include experts such as child specialists, divorce coaches, and financial planners.

Working as a Team Toward a Common Goal

Unlike public courtroom proceedings, the discussions that take place in collaborative divorce meetings are confidential. The meetings take place in an informal setting that is much less intimidating than a courtroom. Parents who have disputes regarding the allocation of parental responsibilities and parenting time often find collaborative divorce to be especially beneficial. Instead of parents working against each other, they work in a cooperative, productive fashion to create a parenting plan that works for both of them and provides for their children’s best interests. Once the spouses reach an agreement about the unresolved divorce issues, their lawyers write the terms of the agreement into legally binding documents. They file these documents with the court, and the spouses can then finalize their divorce during a final hearing.

When a couple makes the decision to get married, the union is a truly beautiful thing. However, the stresses of life, ranging from financial security to parenting disputes, can bring a marriage to a screeching halt. When a marriage is no longer healthy, a divorce can represent an opportunity to start anew. While most people think of divorce as a heated and contested process that is navigated through litigation in court, many divorces can be resolved in an amicable fashion. Collaborative divorce is one alternative method used to resolve the issues couples must address when dissolving their marriage. 

Understanding Collaborative Divorce 

Through collaborative law, a couple looking to end their marriage will work with their respective attorneys in reaching a settlement that is agreed upon by both parties. Typically, a couple will agree to fully disclose all necessary information to each other over the course of their negotiations, and their attorneys will agree to withdraw from the case if an agreement cannot be reached. A collaborative divorce can resolve issues ranging from the division of marital property to child custody. If you decide that you want to pursue a collaborative divorce, it is important to fully understand that the process will require patience and trust in both your former spouse and the legal professionals you are working with. 

The benefits of a collaborative divorce are numerous. The collaborative process enables you to work with your ex-spouse and develop a new relationship. By avoiding litigation, you can finalize the divorce in a timely fashion, and keep your family matters private. Financially speaking, a collaborative divorce will enable both parties to agree upon a settlement that will ensure equity and financial security. Due to the general speed of most collaborative divorces, the process can result in savings in attorney’s fees. 

Every year, hundreds of thousands of American couples make the difficult decision to pursue a divorce. Divorces can be complicated and tense, as well as emotionally painful. Still, while many divorces can be hostile and resolved in court, some divorces are amicable and fairly seamless. 

In a collaborative divorce, a couple that has decided to amicably separate will work together with their respective attorneys to negotiate a settlement, while agreeing to be open and honest with each other throughout the process. This allows them to reach a mutually agreeable conclusion to their divorce while avoiding the potential unexpected outcomes of resolving their divorce in a courtroom. If you and your former spouse believe that you can work together to reach an agreement about the distribution of assets, child custody decisions, and other key issues that arise during the divorce process without going to court, a collaborative divorce may be the best option for you and your family.

What You Need for a Collaborative Divorce to Work: 

Despite what you see on TV and in the movies, not all divorces are contentious and hostile. Many couples want a way to end their marriage; however, they still want to have a positive relationship with each other after the divorce. This is where collaborative divorcecan help.

How Collaborative Divorce Works

Instead of both sides fighting against each other and trying to convince the judge to take their side on all of the issues, the parties work together to find a solution with which they are both happy. Like mediation, collaborative divorce is an alternative dispute resolution tool.