How Does the Collaborative Divorce Process Work in Illinois?

 Posted on August 28, 2025 in Collaborative Law

Divorce does not always have to mean fighting it out in court. For families across Illinois, collaborative divorce offers an alternative to litigation. Better yet, it is a strategy that emphasizes cooperation, privacy, and long-term solutions. While not every couple can or should pursue this path, for many it provides a healthier way to navigate one of life’s most difficult transitions.

Since coming into law in 2018, the Illinois Collaborative Process Act (750 ILCS 90) continues to govern collaborative divorce today. The statute formally recognizes the collaborative process as a valid way to resolve family law disputes, ensuring that couples who choose it can move forward with clarity and legal protection.

If you are facing divorce and wondering whether collaborative law would be a good fit for your family, meet with our Aurora divorce attorney to discuss your unique situation. We have extensive experience working with collaborative law, mediation, and direct negotiation so that our clients have the best odds of a divorce settlement that meets their family’s interests.

What Is Collaborative Divorce in Illinois?

Collaborative divorce is a form of alternative dispute resolution (ADR). Instead of litigating a divorce in court, both spouses commit to resolving their issues through structured negotiation in a private setting. Each spouse retains their own attorney, but unlike traditional divorce litigation, both lawyers are trained in collaborative law and are focused on problem-solving rather than adversarial tactics.

The key to collaborative divorce is the participation agreement. By signing it, both parties promise to avoid litigation and resolve disputes outside of court by providing full and honest disclosure of all financial information. Spouses agree to work respectfully and in good faith toward solutions that benefit both spouses and any children.

If the collaborative process fails, both attorneys must withdraw from the process altogether, and the spouses must hire new lawyers to go to court. This provision is intentional; it gives everyone a strong incentive to keep negotiations on track.

Why Choose Collaborative Divorce in Illinois?

For many couples, collaborative divorce offers advantages that litigation simply cannot match. This includes: 

• Privacy: Court records are public, but collaborative meetings are confidential. Sensitive financial or personal matters stay within the process.

• Control: Instead of leaving decisions to a judge, spouses have much more control over the outcome of their divorce.

• Cost-effectiveness: While complex cases may still involve experts, avoiding trial often saves money and almost always saves time since you can work on your own schedule.

• Focus on the future: Collaborative divorce is less about "winning" and more about creating workable solutions that position both spouses and their children for stability after the divorce.

This process is especially attractive for young professionals, business owners, and parents who want to preserve relationships and reputations.

The Step-by-Step Process of Collaborative Divorce

Collaborative divorce in Illinois generally follows a series of structured stages:

Hiring Collaborative Attorneys

Each spouse chooses an attorney trained in collaborative law. These attorneys provide legal advice, but they are also committed to the principles of cooperation and respectful negotiation.

Signing the Participation Agreement

Both spouses and their attorneys sign a written agreement committing to the process. The agreement requires honesty, full disclosure, and a commitment not to litigate.

Building a Professional Team

One of the hallmarks of collaborative divorce is the option to include neutral professionals to help resolve disputes. Depending on the couple’s needs, this "team" may include:

• Divorce coaches or mental health professionals to manage conflict and guide communication.

• Child specialists to ensure that custody and parenting plans prioritize children’s needs.

• Financial neutrals, such as accountants or appraisers, to provide an impartial analysis of assets and debts.

This team-based approach often leads to more balanced and informed outcomes than litigation.

Negotiating Through Structured Meetings

The spouses and their attorneys participate in a series of meetings where issues such as property division, parenting time, child support, and spousal maintenance are discussed. These sessions are private, flexible, and tailored to the couple’s needs. Unlike court hearings, they allow time for creativity and compromise.

Drafting the Agreement

Once all issues are resolved, the attorneys prepare a comprehensive settlement agreement. This document reflects the negotiated terms and is then submitted to the court for approval. Unless the agreement goes against Illinois law, it is likely to be approved.

Finalizing the Divorce in Court

Although collaborative divorces take place outside of court, the final settlement must still be approved by a judge. This typically involves a short hearing where the judge reviews the agreement to ensure it meets Illinois legal standards and protects the best interests of the children. Because the difficult work has already been done, these hearings are usually short and uncontested.

When Collaborative Divorce May Not Work

Collaborative divorce is not right for every situation. If there is a history of domestic violence, ongoing dishonesty about finances, or a complete breakdown of trust, the process may be ineffective or unsafe. In those cases, litigation or traditional mediation may be more appropriate. Still, even in high-conflict cases, some couples find success with collaboration, particularly when they want to protect children from courtroom battles.

It is important to note that collaborative divorce and mediation are not mutually exclusive. In fact, mediation can sometimes be used within a collaborative framework to resolve particularly tough issues. Many families in Illinois find that combining these approaches provides both structure and flexibility. Instead of investing energy in fighting, couples invest in solutions that work for their families.

Contact an Aurora, IL Collaborative Divorce Lawyer

Since the Collaborative Process Act became law, more families across Illinois have turned to collaboration as a first choice for ending a marriage. Attorneys, financial professionals, and mental health experts have built networks dedicated to this model, making it easier for couples to access trained teams.

If you are considering divorce and want to explore alternatives to litigation, collaborative law may be right for you. A Kane County collaborative divorce attorney at The Law Office of Matthew M. Williams, P.C. can guide you through the process, protect your interests, and help you achieve a resolution that supports you now and in the future. Call 630-409-8184 today to schedule your free consultation.