Who is Collaborative Divorce For?

 Posted on November 08, 2023 in Family Law

Couples looking to dissolve their marriage without a nasty legal battle in a courtroom may prefer an alternative like collaborative divorce. The collaborative divorce process offers many advantages that traditional litigation cannot. Parents can benefit most from collaborative divorce as it creates an environment that can lead to a more amicable outcome for both parties. A lawyer well-versed in collaborative law can be an invaluable guide throughout the entire process.

What is a Collaborative Divorce?

Collaborative divorce is a “team effort” method that sees a couple come together voluntarily to work out their differences without needing to go to court. Collaborative law enables a couple to communicate on an even playing field where both voices are heard regarding issues such as property division, child support, and spousal maintenance. A collaborative divorce is often an affordable, more focus-oriented method of cooperation to dissolve a marriage without the hostilities traditional litigation is known for.

What Are the Advantages of a Collaborative Divorce?

There are many advantages to choosing collaborative divorce over traditional litigation:

• Cheaper than traditional divorce
• Less hostile and generally void of a need to “win”
• Allows both sides to be heard
• More private
• Less time-consuming
• Less stressful
• Better for parents
• Can move at your own pace

Who Does a Collaborative Divorce Not Work For?

A collaborative divorce is not for every couple. It requires both spouses to have a “win-win” mindset instead of a “win-lose” thought process. A high-conflict divorce may not be the best kind of divorce to use collaborative law. The same can be said about a marriage with a history of violence. Both scenarios already play out with a “win-lose” mindset, and sitting face-to-face, where arguments are likely to ensue, is not the best environment. These situations will almost always require traditional divorce litigation. A good attorney will be able to gauge your specific situation with the opposing spouse and guide you toward or away from pursuing a collaborative divorce.

How Does Collaborative Divorce Work?

To begin a collaborative divorce will require both parties to commit to the process. Both parties must sign an agreement, including their legal representation, before the collaboration process can occur. Other trained professionals can be brought into the process if necessary. You could have a team consisting of:

• Child specialists (for parents)
• Financial advisors
• Therapists
• Divorce coaches

If a settlement is reached through the collaborative process, both spouses will sign a legally binding settlement agreement that your attorneys will draft for you. For couples who cannot reach a settlement, the process must begin anew with all new legal representation.

Contact a DuPage County, IL Divorce Attorney

A divorce does not have to be complex and overly complicated. There are alternative methods to the process, which include collaborative law and mediation. A skilled Hinsdale, IL, divorce lawyer can help you determine the best possible decision for your situation. At Law Office of Martoccio & Martoccio, we understand what is necessary in contested and uncontested divorce cases. Contact our office at 630-920-8855 for a free consultation and in-depth discussion regarding your legal needs.