Many people who go into a divorce do so thinking that it will be a difficult and stressful process. While it is true that divorce has the potential for stress, it does not have to be as troublesome as people are led to believe. In Illinois, any couple has the option to choose what type of process they use to end their marriage. In recent years, collaborative divorce has risen in popularity. As the name suggests, a collaborative divorce is one in which both spouses work together to achieve the type of divorce resolution that they want. Instead of having a “me versus them” type of attitude, a collaborative divorce encourages spouses to be cooperative so they can both be content with the outcome.

Common Professionals in Collaborative Divorce

One of the ways in which a collaborative divorce is unique is the presence of more than just your attorneys. A collaborative divorce utilizes various professionals from an array of fields to provide advice and guidance on certain issues. Some of the most common specialists that couples hire are:

• Financial Planners: Financial issues are some of the biggest challenges in a divorce. A financial planner can help you understand the long-term consequences of decisions that you make during the divorce, as well as helping you understand what type of resources you will need to be financially comfortable after your divorce is completed.

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For hundreds of years, or perhaps even longer, the concept of divorce has carried a negative connotation. Even in today’s society, divorce has become more commonplace and many people have no issue with it; however, there are still people who firmly believe that divorce is inherently negative. It is true that divorce can leave lasting negative effects on you and your family, but there are things you can do to mitigate those effects and prevent them from ever happening in the first place. One of the most basic changes to many modern-day divorcees is simply the method by which the divorce is completed. Forms of alternative dispute resolution (ADR), such as the collaborative divorce process, have proven to be effective and beneficial, especially for families with children. Unfortunately, not every couple is suited for ADR or the collaborative divorce process, in which case you will need an experienced Illinois divorce attorney to help you.  

Understanding the Collaborative Divorce Process

A collaborative divorce, or any type of ADR, is a viable option that any couple should consider when choosing a method for divorce. Collaborative divorce has been becoming increasingly popular in the past couple of decades, likely because there are many benefits that are especially attractive to families with children. In a collaborative divorce, not only do you and your spouse each have your own divorce attorneys, but you also have a team of various professionals to help you reach an agreement on all pertinent issues while keeping the negotiations out of the courtroom.

What is the first thing that comes to your mind when you think of divorce? You probably think of a couple who is frustrated, upset, or hostile toward each other, in and out of courtrooms, and fighting over every single little issue. While it is true that some partners can be very stubborn and combative, many spouses are not that adversarial with one another. In fact, the majority of divorces only require one courtroom visit, which is to have a judge finalize and sign your divorce decree. Depending on your relationship with your soon-to-be ex-spouse, you may be able to benefit from the collaborative divorce process.

What Is a Collaborative Divorce?

In a traditional litigated divorce, each spouse retains his or her own attorney who is present to advocate for his or her best interests. First, the lawyers attempt to conduct negotiations privately, but if there is too much disagreement between the spouses, then the proceedings are taken to court, where a judge determines the outcomes of the matters that need to be resolved, including the division of property and child-related issues such as parenting time.

It is no secret that divorce is difficult. What some people do not know is that there is more than one way you can get a divorce. From DIY divorces to mediated divorces, there is a process that fits almost everyone’s situation. One type of divorce -- a collaborative divorce -- can be beneficial to the entire family. A collaborative divorce is one in which both spouses sign an agreement stating that neither of them will go to court and will instead determine solutions to their problems through meetings with attorneys, financial advisers, child specialists, and other professionals. There are many reasons to choose a collaborative divorce over a traditional litigated divorce, but here are just a few:

1. You can actually end up saving money with a collaborative divorce. Traditional litigated divorces can end up costing you four times as much as a collaborative divorce would cost. While you do end up hiring more people to help you complete your divorce, the trained specialists actually help you complete your divorce quicker and with less arguing. Plus, you are saving on countless hours of lawyers fees and court costs.
2. You get to complete the divorce on your own timeline. When you are going through a collaborative divorce, you are settling your issues in multiple meetings -- not in court. You can pick and choose when you want to have the meetings and how quickly you settle on certain subjects. A collaborative divorce typically takes an average of 18 weeks to complete, which is a quarter of the time a litigated divorce takes.
3. It can be easier on both you and your family. The goal of collaborative divorce is for the divorce process to be as efficient, positive and painless as possible. There is typically less stress during a collaborative divorce, because as the name suggests, collaborative divorce requires collaboration between spouses. Less fighting and arguing between mom and dad makes for a happier and less stressful family.
4. You get to make your own solutions to your problems. One of the main reasons to consider getting a collaborative divorce is the ability you have to create your own destiny. Because you are settling issues outside of the courtroom, you have the ability to make your own decisions and not have a judge make them for you. You get to work with your spouse and your team of professionals to come up with solutions to your problems that are custom tailored to your family.

Get in Touch With a Trained DuPage County Collaborative Divorce Attorney

If you think that a collaborative divorce may be right for you, the first thing you need to do is to meet with an experienced Aurora, IL collaborative divorce lawyer. At the Law Office of Matthew M. Williams, P.C., we understand that a divorce is not easy, no matter what the method of divorce is. By choosing us to help you complete your collaborative divorce, you can have peace of mind knowing we have experience with multiple collaborative divorce cases. Call our office today at 630-409-8184 to schedule a consultation.

When you think of divorce, you might think of litigation in a courtroom with a judge handing down decisions, or a couple in a lawyer’s office arguing with each other, voices raised, about who gets to keep the family home. While popular culture would lead you to believe this is how divorce is, in reality, it does not have to be that way. When you think of getting a divorce, you do not have to go the traditional litigated route - you have options. One of those options is to go with a collaborative divorce, or one in which you both work together to settle your disputes outside of the courtroom. This has turned out to be beneficial for many couples for many reasons. Here are a couple of reasons why you should consider going with a collaborative divorce:

The Process Can Be More Affordable

Because you are settling issues in various meetings, rather than in the courtroom, you are not having to pay court costs and fees every time you try to settle something. Rather, you can make it a point to come to a decision about certain things during each meeting, cutting down on the number of meetings you will actually need to have.

You Have More Control Over Your Outcomes

One of the main benefits of collaborative divorce is the ability to actually control what happens to you and your family’s futures. In a collaborative divorce, both you and your spouse work with your separate attorneys to come to a decision on certain topics that will most benefit your family. In a litigated divorce, the judge will make decisions for you in accordance with state laws if you and your spouse cannot come to a decision on your own. Often times, the decision that the judge makes is not necessarily in you or your family’s best interest. Collaborative divorce allows you to do what is best for your situation.