What Is a Collaborative Divorce, and How Does it Work?

 Posted on April 10, 2023 in Illinois Family Law

Ending a marriage can be a challenging and stressful process. Whether the choice to get a divorce is mutual or one-sided, a couple will need to resolve a variety of issues, including addressing legal concerns and financial matters, as well as details about the custody of any children they share. Although divorce may be a painful and heartbreaking experience, it does not have to take the form of a fight between spouses. Unlike "traditional" divorce proceedings where matters are settled in the courtroom, collaborative divorce often allows couples to minimize conflict and peacefully end their marriages. By understanding how collaborative divorce works and the benefits and drawbacks of this option, a couple can determine if it may be the best solution in their situation.

What Is a Collaborative Divorce?

Collaborative divorce is a legal process in which spouses work together to resolve their disputes and reach an agreement on the terms of their divorce settlement. It is often a more peaceful and amicable alternative to traditional litigation. Collaborative divorce involves a team approach in which each spouse is represented by their own collaborative lawyer, and other professionals, such as financial analysts or child custody specialists, who may be brought in as needed to help facilitate communication and problem-solving.

How Does a Collaborative Divorce Work?

In a collaborative divorce, both spouses sign what is known as a "participation agreement," which outlines the rules of the collaborative process. This agreement typically includes a commitment to respect each other's feelings and needs, to be honest and transparent about finances and other important information, and to work toward finding mutually acceptable solutions to all the issues related to the divorce. The parties' attorneys will also sign the agreement, which will state that they will withdraw from the case if a settlement cannot be reached. This encourages everyone involved to work together to create a settlement that both parties can agree on. The spouses and their attorneys then engage in a series of meetings where they discuss their concerns and priorities and work toward a settlement agreement. Once all issues have been decided, the settlement can be filed in court to finalize the divorce.

What Are the Benefits of Collaborative Divorce?

One of the primary benefits of collaborative divorce is that it is generally less expensive than traditional litigation. Since the parties are working together to reach agreements, fewer court appearances may be required, and the discovery process may be less extensive due to the fact that the spouses have agreed to fully disclose all relevant information to each other. Collaborative divorce is also generally less stressful than litigation, since it promotes communication and cooperation instead of conflict and hostility. Additionally, with collaborative divorce, the parties have control over the outcome rather than leaving the final decisions about their divorce in the hands of a judge.

What Are the Drawbacks of Collaborative Divorce?

While collaborative divorce can be a beneficial option for many couples, it may not be the right choice for everyone. If there is a history of abuse, conflict, or substance abuse, a couple may be unable to cooperate effectively. Additionally, collaboration requires mutual respect and willingness to communicate between both spouses, which may not be possible in all cases. Finally, if the collaborative process fails, both spouses must then hire new attorneys and start over with the traditional litigation process.

Can Collaborative Divorce Be Successful?

Collaborative divorce is often a successful approach for couples who are willing to work together to find mutually acceptable solutions. However, it is important to note that this process is not a guaranteed success. It requires a commitment from both spouses to the collaborative process, as well as honesty and transparency from each side. If both spouses are willing to commit to the process, however, it can be a much more peaceful and amicable way to end a marriage than traditional litigation.

Contact Our DuPage County Collaborative Divorce Attorneys

Divorce can be a difficult and emotional process, but it does not have to involve high levels of conflict. Collaborative divorce is an innovative approach that allows spouses to work together to find mutually acceptable solutions that will benefit their family in the long run. If you are considering a collaborative divorce, it is important to work with an attorney and other professionals who are well-versed in the collaborative process and who can help guide you through the steps of negotiating a settlement. At Farooqi & Husain Law Office, our Oakbrook Terrace collaborative divorce lawyers are prepared to work with you to find solutions that will allow you to part ways with your spouse amicably and move forward with your life. To set up a consultation, contact us at 630-909-9114.

Sources:

https://www.forbes.com/advisor/legal/divorce/collaborative-divorce/

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59

https://www.americanbar.org/news/abanews/publications/youraba/2018/july-2018/neither-mediators-nor-negotiators--collaborative-lawyers-emphasi/