What to Expect from the Collaborative Divorce Process

 Posted on November 30, 2025 in Collaborative Law

Divorce does not have to mean courtroom battles, hostile negotiations, and years of conflict. Nearly 95 percent of divorces in 2025 are settled out of court, and collaborative divorce is an excellent way of doing this.

Collaborative divorce offers an alternative approach that prioritizes cooperation, transparency, and solutions that work for both spouses. If you are considering divorce but want to avoid litigation, understanding what the collaborative process involves can help you decide if it is right for your situation.

The collaborative divorce process is fundamentally different from traditional divorce litigation. Instead of preparing for war, you and your spouse commit to working together with trained professionals to reach fair agreements. This approach can save time, reduce costs, preserve relationships, and give you more control over the outcome than leaving decisions to a judge. 

If you are interested in pursuing a collaborative divorce, call our Wheaton, IL peaceful divorce attorneys to learn more. 

What Is Collaborative Divorce?

Collaborative divorce is a voluntary process where both spouses and their attorneys sign a participation agreement committing to resolve all issues outside of court. The participation agreement states that if either party decides to end the collaborative process and litigate the divorce instead, both collaborative attorneys must withdraw and cannot represent their clients in court. This creates a powerful incentive for everyone to stay at the table and find solutions.

Illinois law recognizes collaborative law processes for family law matters. The collaborative team typically includes both spouses, a collaboratively trained attorney for each spouse, and neutral professionals who provide guidance in different areas. Everyone works together in joint meetings to address all aspects of the divorce.

How Is Collaborative Divorce Different From Mediation?

Mediation typically involves one neutral mediator who helps encourage discussions between spouses and their attorneys. The mediator does not represent either party and cannot give legal advice. Collaborative divorce involves each spouse having their own attorney present at all meetings who advocates for their client while remaining committed to non-adversarial problem-solving.

The team approach distinguishes collaborative divorce from mediation. Beyond attorneys, the collaborative process brings in other professionals with specific training. Financial experts analyze complex assets and tax implications for any potential settlements. Child specialists focus on parenting arrangements that serve children's best interests as defined by 750 ILCS 5/602. Divorce coaches can help both spouses manage their emotions and communicate more clearly. If collaborative divorce does not end in an agreement, both attorneys must withdraw. This disqualification does not exist in mediation.

Who Should Consider Collaborative Divorce?

Collaborative divorce works best for couples who can commit to cooperation even though their marriage is ending. You do not need to be friendly or agree on everything, but you must be willing to negotiate in good faith and share information honestly. High-conflict couples where abuse, threats, or extreme power imbalances exist are usually not good candidates.

Couples with complex financial situations benefit significantly from collaborative divorce. When businesses, multiple properties, investment portfolios, and retirement accounts need to be divided, the financial neutral provides analysis and options both spouses can trust. Parents who want to maintain a functional co-parenting relationship after divorce find the process particularly valuable. Couples who value privacy also appreciate that collaborative divorce happens in private conference rooms, not public courtrooms.

What Happens at the First Collaborative Divorce Meeting?

The first four-way meeting sets the tone for the entire process. Both spouses and both attorneys gather to establish ground rules, explain how the process works, and begin identifying issues that need resolution. Everyone signs the participation agreement, where they agree to commit to:

• Full disclosure

• Good faith negotiation

• Keeping the process out of court

Goals and priorities get discussed. Each spouse shares what matters most to them in the divorce. Understanding each person's priorities early helps the team find creative solutions. The team discusses what professionals might be needed and establishes a timeline and meeting schedule. Most people find that collaborative divorce works best with regular meetings scheduled in advance.

How Long Does Collaborative Divorce Take?

The timeline varies significantly based on the complexity of your case and how quickly you and your spouse can reach agreements. Simple divorces might resolve in three to four months. Complex cases with businesses, substantial assets, and detailed parenting plans might take a year or more. Most collaborative divorces involve meeting every two to four weeks.

Collaborative divorce typically takes less time than litigation because you control the schedule rather than waiting for court dates. However, it requires both parties to be ready to negotiate. If one spouse keeps changing positions or is not emotionally prepared, the process slows down for everyone.

What Happens If Collaborative Divorce Does Not Work?

When one or both spouses do not want to keep trying the collaborative approach, the participation agreement is terminated and both collaborative attorneys must withdraw. You must hire new attorneys if you proceed to court. The work done in collaborative divorce is not entirely lost, however. Financial disclosures and analysis from the financial neutral still exist. New attorneys can build on this foundation rather than starting from zero.

The participation agreement typically includes provisions about what information from the collaborative process can be used in litigation. Generally, statements made during meetings are confidential and cannot be used against either party in court.

How Much Does Collaborative Divorce Cost?

Collaborative divorce costs vary based on complexity, how many professionals are involved, and how long the process takes. Many couples find it less expensive than litigation because it moves more efficiently. Litigation involves motion practice, discovery, depositions, and trial preparation that consume many attorney hours. This gets expensive very quickly. 

However, if collaborative divorce fails and you must hire new attorneys for litigation, the total cost increases. This risk is the trade-off for the benefits of attempting collaboration.

Call a DuPage County, IL Peaceful Divorce Attorney Today

At The Stogsdill Law Firm, P.C., our Wheaton, IL collaborative divorce lawyers have over 100 years of combined experience helping couples navigate divorce with dignity and cooperation. As a prestigious firm with deep knowledge of collaborative practice, we can guide you through every step of the process and help you work toward outcomes that support your family's future.

Call us at 630-462-9500 to learn more about collaborative divorce.