Pros and Cons of Collaborative Divorce in Illinois

 Posted on July 22,2024 in Divorce

When people think of the divorce process, they often imagine arguing their case before a judge. This is called litigation, and it is considered a traditional way to dissolve a marriage. It is also, however, considered a last resort. A court battle between two divorcing parties can be extremely costly and time-consuming, which may be why only five percent of divorces end up in litigation.

Most divorces are settled out of court in a process called alternative dispute resolution. There are two main types of alternative dispute resolution used for divorce settlements:

• Mediation

• Collaborative divorce

While mediation is more common, collaborative divorce is also rising in popularity. Both are best done with the help of an Illinois divorce attorney. This article will discuss what collaborative divorce is and its pros and cons.

What Is Collaborative Divorce?

Collaborative divorce is a private divorce process in which the attorneys for each side work together to try to reach a settlement. Each lawyer may hire teams of experts as needed, professionals who are neutral parties and can assist in certain areas. For example, one of the attorneys may retain a child development expert to shed light on a child custody issue. The other might bring in a forensic accountant to find hidden marital assets.

Pros of Collaborative Divorce

There are significant advantages to collaborative divorce:

• It is a process based on mutual respect and designed to be amicable.

• It can be cheaper and quicker than litigation.

• The attorneys who represent you in a collaborative divorce cannot represent you if the case goes to trial, which incentivizes lawyers to reach a settlement.

• The parties have more control over the collaborative process. 

• Because of that control, a collaborative divorce settlement can be tailor-made to match your specific needs, as opposed to courts which usually use a standard set of solutions.

Cons of Collaborative Divorce

On the other hand, there are some things you will want to consider before jumping into a collaborative divorce:

• The process is doomed to fail if there is hostility and a lack of communication. If you and your spouse are not truly prepared to negotiate in good faith, a collaborative divorce can end up costing you unnecessary time and money.

• If the collaborative process fails, you must start the divorce process all over again.

• Collaborative divorce is often more costly than mediation, though it can still be less expensive than litigation.

Contact a Kane County, IL Collaborative Divorce Lawyer

Collaborative divorce offers a lot more freedom to couples to design a settlement that is right for them. The attorneys at Goostree Law Group are top-tier negotiators who will work hard to secure a settlement that best protects your interests. Call 630-584-4800 to schedule a free consultation with a St. Charles, IL collaborative divorce attorney today.