Why to Consider Collaborative Law Instead of Divorce Litigation

Why to Consider Collaborative Law Instead of Divorce Litigation

By: Gordon & Perlut, LLC

What Is Collaborative Law?

When you are considering a divorce in the Chicago area and are anticipating one or more contentious issues to arise, you should speak with a Chicago area divorce lawyer about the benefits of collaborative law instead of going through a lengthy and potentially costly divorce litigation.

To be sure, collaborative law has many benefits that can allow you to resolve the disputes in your divorce case more quickly, at less cost, and with future benefits in comparison with a traditional divorce case that involves litigation. The Collaborative Process Act governs the collaborative law process in a divorce case, while the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will govern particular state law issues that may arise in your divorce case.

The following are some of the benefits of choosing collaborative law for your Chicago area divorce instead of litigation.

Control Over the Divorce Process

When you choose collaborative divorce, you are able to keep some control over the divorce process. With assistance from your attorneys, you and your spouse will make decisions about issues like the division of marital property and the allocation of parental responsibilities if you have minor children from your marriage. Since you are not presenting your case before a judge who makes a final decision, you can retain a sense of control concerning the outcome of your divorce.

Can Be Quicker Than Divorce Litigation

With collaborative divorce, you will not need to wait for scheduled court hearings, which can take months or longer, particularly when there are multiple disputes at issue in your divorce. Although it is important to set aside the necessary time for a productive collaborative divorce process, you will likely be able to finalize your divorce much more quickly than would be possible with litigation.

Less Costly Than Divorce Litigation

Collaborative divorce is often less costly — both financially and emotionally — than a traditional divorce involving litigation. Since the process can be faster, as we noted above, and you do not need to go through multiple court hearings, you will likely spend less money on the divorce.

Your Privacy Will Be Protected

Since you will not need to present all of the “messy” details of your case before a judge, all of the privacy issues that arise out of your divorce case can remain private. The proceedings of your collaborative divorce will not become part of a public record (although the final agreement may), and your privacy can be protected.

Develop an Improved Working Relationship with Your Spouse for Future Co-Parenting

In a collaborative divorce, the parties work collaboratively — as the descriptor suggests — with the help of their lawyers to reach an agreement and outcome in their divorce case. Since collaborative divorce requires dialogue and compromise, the parties in a collaborative divorce often will move forward with an improved working relationship. This is particularly beneficial when there are minor children from the marriage and effective communication can help with co-parenting.

Contact a Chicago Collaborative Divorce Lawyer Today

If you are thinking about divorce and you want to learn more about collaborative divorce and its benefits, one of our experienced Chicago area collaborative divorce lawyers can speak with you about your options. Contact Gordon & Perlut, LLC today for more information about collaborative law and your Illinois divorce.