If you are considering ‘filing for divorce in Chicago‘, or if you are in the early stages of the ‘divorce‘ process, you may have heard about collaborative divorce. But what is collaborative divorce, and how does it work? While the term is often used broadly to describe collaborative processes that might occur in a divorce case, there is actually an Illinois law that governs collaborative divorce. More specifically, the ‘Illinois Collaborative Process Act‘ (750 ILCS 90/) details what is necessary to have a collaborative divorce under the law, and how collaborative divorce is defined within the state.
We will tell you more about collaborative divorce, how it works, and why it is beneficial for some families when they are dissolving a marriage.
The Illinois Collaborative Process Act took effect on January 1, 2018. The statute defines a “collaborative process matter” as a “dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim or issue in a proceeding . . . that arises under the family or domestic relations law” of Illinois. Such disputes, claims or issues include, among other things, marriage, divorce, dissolution, legal separation, property distribution, and parental responsibilities.
The statute then makes clear that a collaborative divorce, or a collaborative process, is a “procedure intended to resolve a collaborative process matter without intervention by a court.” An ‘article‘ in NPR Illinois clarifies that collaborative divorce is one in which both parties agree to a “team-based method” of resolving disputes and dissolving the marriage with the help of “a group of professionals who coach them on finances, mental health, and childcare needs.” Disputes and other issues are resolved through discussions, allowing both parties to participate in the process.
As the NPR Illinois article points out, many people use the term “collaborative divorce” in a general fashion, referring to negotiations or discussions surrounding property division or parenting time, for example, yet the statute very clearly outlines what must occur to have a collaborative divorce under the statute:
What is a collaborative process lawyer? The statute only specifies that a collaborative process lawyer is “a lawyer who represents a party in a collaborative process and helps carry out the process of the agreement but is not a party to the agreement.” The NPR Illinois article clarifies that a collaborative process lawyer who is a collaborative practitioner, has been trained in this fashion, and follows the Illinois Collaborative Process Act.
Collaborative divorce is a constructive and voluntary process designed for couples seeking to resolve their marital issues outside the court system. In this approach, both spouses agree to engage in respectful and private discussions aimed at reaching a mutually acceptable resolution. Each spouse retains an attorney trained specifically in collaborative divorce practices, and both sign a Participation Agreement, which outlines their commitment to:
The collaborative process often incorporates neutral professionals, including financial advisors, child specialists, and divorce coaches, who play pivotal roles in guiding couples toward informed decisions.
While both collaborative divorce and mediation serve as alternative dispute resolution methods, they are fundamentally distinct in their structure and dynamics. Mediation typically involves a neutral third party who facilitates discussion and helps the spouses navigate their concerns, without representing either side.
In contrast, collaborative divorce places a strong emphasis on teamwork: both spouses have their own attorneys who actively participate in negotiations, ensuring that legal knowledge and advice are readily available. As a result, collaborative divorce provides a more robust framework for legal guidance and multidisciplinary support than mediation.
Absolutely. Collaborative divorce holds legal recognition in Illinois courts as a valid method for resolving family law disputes. Once the spouses reach an agreement, the formalized document is submitted to the court for approval, leading to the entry of a final judgment—similar to the conventional divorce process.
Collaborative divorce provides a comprehensive framework for addressing various critical aspects of the divorce process, including:
The process is highly adaptable, tailored to align with the couple’s unique circumstances and requirements.
In the unfortunate event that either spouse chooses to abandon the collaborative process in favor of litigation, an essential stipulation of the Participation Agreement requires both collaborative attorneys to withdraw from the case. This feature helps solidify the commitment of both parties to finding an amicable resolution. If the process shifts to litigation, the parties will need to hire new litigation attorneys, which can lead to increased costs and extended delays in reaching a resolution.
However, it may not be suitable in circumstances involving domestic violence, coercion, or situations where one party may be hiding assets.
The duration of a collaborative divorce can vary significantly, but it is generally quicker than traditional litigation. On average, most collaborative cases are resolved within a time frame of 3 to 9 months, depending on the complexity of the issues and the willingness of both parties to cooperate. One of the major advantages of this process is that it is chiefly guided by the couple’s pace, rather than the constraints of court schedules.
Collaborative divorce can be a more cost-effective choice for many couples. By steering clear of court appearances, protracted discovery processes, and drawn-out litigation, many find that they can significantly reduce both legal fees and their emotional investment in the process. However, it is important to note that fees for attorneys and any neutral professionals involved in the process will still apply. Overall, costs will depend on the complexity of the issues at hand and the number of sessions required.
Yes, once the collaborative agreement is finalized, it is submitted to the court, becoming part of the official divorce judgment. The agreement carries the same legal weight and enforceability as any other court order, providing assurance that the terms stipulated will be honored and upheld.
Collaborative divorce, the article underscores, “is not for everyone.” For some couples, it is most important to have control over the divorce process and to have a team of professionals from different fields to help the family through it. For other persons, it is more important to work with an aggressive litigator who can deal with contentious divorce issues. If you have questions about divorce in Illinois, you should speak with one of our Chicago divorce lawyers. An advocate at our firm can discuss your case with you today. Contact Gordon & Perlut, LLC at 312-360-0250 for more information.