Using Collaborative Law To Resolve Disputes in an Illinois Divorce

 Posted on July 11, 2025 in Divorce

Disputes leading up to and during divorce are common. If you have small children or a substantial estate, issues are even more likely. Traditional divorce requires you to fight it out in the court system, which is sometimes the more viable option. However, there is an alternative method that can have several advantages over litigation. Collaborative law offers the opportunity to resolve disputes together without court interference, and an experienced Oakbrook Terrace, IL collaborative divorce attorney can help.

What Is the Collaborative Law Process in Illinois?

In Illinois, the collaborative law process is a structured, more efficient way to resolve divorce and family law matters. It begins when both you and your spouse, along with your attorneys, sign a Collaborative Process Participation Agreement under the Uniform Collaborative Law Act. This agreement outlines the scope of the issues you need to resolve. Those issues may include property division, child custody, and support. When you sign, you commit to resolving disputes without court intervention. 

The process ends when both of you sign a full or partial agreement or when either of you terminates the collaborative effort. There are many benefits to using the collaborative process. However, if it does not work out, you can file for divorce and begin litigation, moving your case to court. Keep in mind that the attorney you used during the collaborative effort will not be able to represent you.

What Are the Advantages of Collaborative Law for an Illinois Divorce?

Collaborative divorce offers several notable benefits, including:

• More control over decisions: Couples work together to create tailored solutions. Often, they have help from neutral third parties, like financial and mental health professionals.

• Preserve relationships: The respectful, team-based approach makes the process more civil. This is particularly beneficial for children or when other ongoing interactions are involved.

• Confidential process: Discussions remain private thanks to the confidentiality and privilege the process affords.

• Open, voluntary information exchange: There is no formal discovery process where you go through attorneys and sometimes third parties to share information. Instead, you share documents willingly, reducing surprise and delay.

• Cost and time-efficient: The collaborative process is often faster and less expensive than traditional litigation.

Can a Collaborative Divorce Work for Anyone in Illinois?

Collaborative divorce can be an excellent choice for many couples in Illinois, but it is not the right path for everyone. It often works well for spouses who want to keep the process private and amicable. However, there are circumstances where this method may not work. For example, if domestic violence or a significant power imbalance is an issue, collaborative divorce would likely not go well. Concerns about hidden assets are often better suited for litigation as well.

Illinois law, under Section 15 of the Uniform Collaborative Law Act, requires attorneys to assess for signs of coercion or abuse before proceeding. This ensures the process remains voluntary and safe for everyone involved. Section 20 also allows either party to terminate the collaborative process at any time if it becomes unworkable or unsafe.

Schedule a Consultation With an Oakbrook Terrace, IL Collaborative Law Attorney Today

Going through a divorce does not have to mean a courtroom battle. The DuPage County, IL collaborative divorce lawyers at Farooqi & Husain Law Office are dedicated to helping clients resolve family law matters with respect, privacy, and efficiency. If you are considering whether collaborative divorce is right for you, contact us at 630-909-9114 to schedule a consultation today.