Should I Consider Collaborative Divorce?

 Posted on December 31, 2024 in Divorce

Collaborative divorce, like mediation, is a form of alternative dispute resolution that began in 1990 in Minneapolis. A family law attorney in the city was so burned out from high-conflict divorces that he was ready to walk away from his chosen profession. Instead, he invited opposing lawyers to work with him to resolve adversarial issues. The process worked well for clients, and the idea of collaborative divorce was born.

Every state in the United States now offers some form of collaborative divorce, along with 25 other countries worldwide. The Illinois Collaborative Process Act (ICPA) defines the collaborative divorce lawyer as a procedure intended to resolve a divorce without court intervention.  If you are considering a collaborative divorce, speaking to an experienced Wheaton, IL family law attorney can be beneficial.

How Does a Collaborative Divorce Work?

When a couple chooses a collaborative divorce, each party hires an attorney trained in this method. Depending on the specific situation, other specialists can be brought in, including a neutral child specialist who can help in developing a parenting plan, divorce coaches, and a neutral financial specialist.

Communication and negotiation skills are emphasized during the collaborative divorce process. Divorce coaches can help prepare both parties for meetings, helping them articulate the things that matter most to them. An agreement is signed up front that says the parties will stay out of court. This means one spouse cannot threaten the other with court to get what he or she wants. The agreement is to respectfully negotiate with team support.

Both parties also agree to be open and transparent in disclosures. Where a courtroom may be a "battle to the bitter end" process, collaborative divorce aims to be a process where both parties win. If either party threatens court or decides to litigate, all the professionals involved in the collaborative divorce will withdraw, and both parties must then hire a new divorce lawyer.

What Are the Primary Pros and Cons of Collaborative Divorce?

When collaborative divorce works, there are many real benefits. Both parties will likely feel as though they have some control over the end of their marriage. Collaborative divorce incentivizes putting aside emotions and focusing on the process. Some of the primary benefits of collaborative divorce include:

• Collaborative divorce is less expensive than litigation, which can cost thousands of dollars. Couples who choose collaborative divorce over divorce litigation will spend about half what they would have spent.
•  Collaborative divorces are considerably less stressful. Since they take place outside a courtroom, in a more relaxed atmosphere, couples are better able to work out a mutually agreeable divorce settlement without litigation and with much less bitterness and anger.
• Collaborative divorce is generally much quicker than litigated divorces, usually taking less than half the time of litigation.
• Collaborative divorce offers much more customized solutions to sticky divorce issues. Each spouse will sit down with his or her collaborative divorce attorney to discuss every issue, including the division of marital assets, spousal support, the allocation of parental responsibilities, and child support. Questions can be asked, opinions stated, and requests made without being forced to allow a judge to make life-altering decisions.  
• A collaborative divorce is much more likely to result in equitable solutions that work for all those involved. Spouses are much more likely to adhere to the solutions that are reached during the collaborative divorce process.
• Unlike litigation in a courtroom – which is public record – a collaborative divorce and all decisions reached remain private.
• Both parties in a collaborative divorce feel as though they have some control over their futures; during divorce litigation, if either party disagrees with a judge’s decision, he or she is still bound to follow the orders. Parties who reach mutually agreeable decisions during a collaborative divorce are simply more likely to continue to treat one another with respect.

Of course, like any alternative resolution process, collaborative divorce also has some potentially negative aspects. The primary drawback of collaborative divorce is that if the parties are unable to come to mutual agreements, the divorce process must begin from scratch.

Collaborative divorce does not allow a couple to go directly to court litigation like mediation does. While rare, there is always the possibility that a judge may not allow a couple to use collaborative divorce, usually because he or she believes one spouse is exercising coercion over the other.

What Happens When Collaborative Divorce Fails?

When a collaborative divorce fails, it can frustrate everyone involved. At any point in the process, if it becomes clear that neither spouse can work together to solve necessary problems, the process is terminated. Either spouse can terminate the process, although this is usually considered a last resort since a considerable amount of time and money has likely already been invested.

In most cases, the only real option after a failed collaborative divorce is to go the traditional divorce route. This means both parties will need to hire a new attorney, and a petition for divorce is filed with the court. The divorce will then go before a judge who will decide all the issues on behalf of the spouses and any children.   

Starting over can feel overwhelming, and it is easy to feel like the money spent on collaborative divorce was just thrown away. The new attorneys will have to learn all the details of the divorce from the ground up. Losing a good working relationship with a collaborative divorce attorney can be disheartening.   

Contact a DuPage, IL Collaborative Divorce Lawyer

Collaborative divorce can help spouses make sound decisions during an emotional time and, when it works, can save a lot of stress and heartache. You will receive prompt, responsive, personalized attention when you have a Wheaton, IL, collaborative divorce attorney from The Stogsdill Law Firm, P.C.. Our firm is large enough to have lawyers with serious experience. We offer significant resources to our clients and are one of the most prestigious firms in the area. Call The Stogsdill Law Firm, P.C. to schedule an initial meeting with a highly skilled collaborative divorce attorney.