Collaborative Divorce in Illinois

The Core Principles:

The Collaborative process is an actual legal process in Illinois. The Collaborative Process Act became law in Illinois on January 1, 2018. Collaborative divorce prioritizes needs and interests, communication, and collaboration. Both spouses commit upfront, through a signed agreement, to work towards a fair and amicable solution without resorting to litigation. Each spouse retains a collaboratively trained attorney who is skilled in negotiation, conflict resolution, and facilitating open communication. Additional professionals, such as financial neutrals or child specialists, can be brought in as needed to assist and bring their professional expertise.

Benefits of Collaborative Divorce:

  • Reduced Conflict: The collaborative environment fosters open and respectful communication between spouses, minimizing emotional strain and promoting a more civil approach to resolving disagreements.
  • Focus on Interests, not Positions: Rather than focusing on winning arguments, the collaborative process delves into each spouse’s underlying needs and interests. This allows for creative solutions that meet both parties’ concerns.
  • Cost-Effective: Collaborative divorce can be significantly less expensive than traditional litigation. Avoiding court battles and lengthy discovery processes reduces legal fees and associated costs.
    Privacy: All discussions and information shared during the collaborative process remain confidential, unlike court proceedings which become public record.
  • Children’s Well-Being: Collaborative divorce prioritizes the well-being of any children involved. The focus on cooperative problem-solving can minimize the negative impact of divorce on children by fostering a more amicable environment.

The Collaborative Process:

The collaborative process in Illinois typically involves the following steps:

  1. Initial Meeting: Both spouses and their collaboratively trained attorneys come together to discuss the collaborative process, sign the participation agreement, and outline the goals for the divorce.
    Full Disclosure: Both parties openly disclose all financial information, assets, and debts, fostering transparency and trust.
  2. Needs Assessment: Each spouse explores their individual needs and priorities for the future, including finances, child custody arrangements, and property division.
  3. Negotiation and Problem-Solving: With the guidance of their attorneys and potentially other professionals, both parties engage in facilitated negotiation using creative solutions to reach mutually beneficial agreements.
  4. Settlement Agreement: Once an agreement is reached on all aspects of the divorce, a comprehensive settlement agreement is drafted and reviewed by both attorneys. This agreement will be submitted to the court for approval, finalizing the divorce.

Suitability for Collaborative Divorce:

Collaborative divorce is not suitable for all situations. Here are some key factors to consider:

Willingness to Cooperate: Both spouses must be committed to working collaboratively and openly communicating to achieve a peaceful resolution.

Financial Transparency: Full financial disclosure is essential; this might not be possible in situations with hidden assets or significant distrust.

Conclusion:

Collaborative divorce offers a viable and potentially transformative alternative for Illinois couples navigating divorce. By prioritizing respect, communication, and collaboration, it allows for a more peaceful and cost-effective way to reach a fair and amicable solution. Consulting with a collaborative divorce attorney can help you determine if this approach is right for your specific circumstances. See the video below for further explanation of the process and how it is different.