Could Collaborative Law Suit My Illinois Divorce?

 Posted on January 30, 2024 in Mediation and Collaborative Law

Many people are familiar with divorce scenes from the movies and TV showing two people screaming at each other and a judge banging on a gavel demanding for order in the court. In truth, there is more than one way to get divorced and the vast majority of divorces today are not this contested. 

Litigation in court may suit your needs if you cannot trust your spouse to play fair. The legal system has rules and regulations in place to ensure they do. However, if you and your spouse have a more amicable dynamic, and especially if you have children and you want to work together to ensure that their best interests will be served in whatever arrangement you come up with, collaborative law might be your best step forward. If you are considering divorcing a spouse who you are able to work with and communicate productively, a knowledgeable DuPage County, IL divorce lawyer can review your case and help you understand whether collaborative divorce might suit your needs.

How Does Collaborative Law Work?

If a couple getting a divorce prefers not to fight it out in court, collaborative law can offer an excellent alternative. To end your marriage in a collaborative divorce, you and your spouse need to recruit several professionals from various fields, including:

• Your respective lawyers (you each need your own lawyer)

• Mediators

• Child Psychologists

• Accountants

• Experts on various types of specialized items (antique cars, collectibles, baseball cards, etc.) to aid in asset division, if applicable

Once you have your collaborative divorce team formed, these professionals can all offer their input based on their unique specializations and experience.

Collaborative divorce can seem like an expensive option, as the initial costs of compensating all these professionals are typically higher than what court litigations would cost. On the other hand, since this type of environment can help encourage you and your spouse to reach an acceptable settlement much quicker, it can also help cut costs.

In a collaborative divorce, you have more control over the process. Instead of a judge being able to decide things that can seriously impact your life, you and your spouse can tell the team what outcomes you hope for and they can work on trying to make it happen. However, if you are unable to reach a settlement, your team of professionals is broken up and you each need to find new legal representation; the lawyers who represented you in collaborative divorce can no longer represent you.

Schedule a Free Consultation with a Naperville, IL Divorce Lawyer

If you and your spouse want to end your marriage but you would rather keep it amicable and avoid going to court, a DuPage County, IL divorce attorney can discuss whether collaborative law might be a great option for you. Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation.