The Benefits of Collaborative Law in Illinois Divorce

 Posted on November 06, 2023 in Divorce

Traditional divorce litigation can be mentally, emotionally, and financially draining for both parties. Contested divorces are oftentimes extremely ugly as much as they are expensive. Collaborative divorce is a terrific alternative that could lead to a more amicable divorce settlement. Collaborative divorce requires legal representation. A skilled and experienced divorce attorney who understands collaborative law can be a boon to your efforts.

What is Collaborative Law?

Collaborative divorce differs from traditional litigation in that it is an entirely voluntary process that allows couples to try and work out their differences away from the typical courtroom drama. Rather than trying to “win” the divorce, couples will have a chance to come to terms on contested issues in a less hostile setting. The focus in a collaborative divorce is to respect both parties’ wishes and concerns and try to create the best outcome for both parties and their children. The process requires a participation agreement signed by both parties and their lawyers.

Why Choose Collaborative Divorce Over Traditional Divorce?

There are many benefits to collaborative divorce over traditional divorce litigation. There are also a few drawbacks. For couples who are not dealing with threats of violence, collaborative divorce can be a fantastic way to sort out any contested issues they currently face. Before you consider choosing collaborative divorce, you must first understand the pros and cons of the process.

Pros of Collaborative Divorce

Reasons to choose collaborative divorce include:

• You can control the pace of the divorce proceedings
• You can expect support throughout all areas of the divorce
• It reduces the stress that couples would otherwise face in court
• Creates an environment where both sides can be heard and communicate effectively
• The settlement is in the hands of you and your spouse rather than a judge
• Everyone’s needs have the opportunity to be met
• Enables couples to establish healthy co-parenting skills
• It allows you to create solutions for the future rather than arguing about the past
• Provides greater privacy than traditional divorce litigation
• Couples are more likely to agree with less hostility hanging over their heads
• Creates the chance for an easier transition out of a marriage and into a new life

Cons of Collaborative Divorce

Reasons you may choose not to engage in a collaborative divorce:

• It is cheaper than regular divorce but still more expensive than mediation
• Both parties must agree and have it in writing
• Both parties will need to voluntarily provide full disclosure of financial information, which means both parties will need to trust one another
• Failure to come to a settlement requires the couple to start all over again with new legal representation
• A judge may not allow you to use collaborative divorce to handle disputes

Contact a DuPage County, IL Divorce Lawyer

Mediation, collaborative law, and traditional litigation are all avenues that can be taken to meet the same end. It is how you get there and what you hope to achieve when the dust settles that will help determine your choice.

Fawell & Fawell can help you on your journey throughout the divorce proceedings. We can provide a skilled and compassionate Wheaton, IL divorce attorney to handle the heavy lifting and help navigate you through to a more amicable outcome. Contact our office at 630-871-2400 for a free consultation and an in-depth discussion on what our firm can do for you.