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The Benefits of Collaborative Practice in an Illinois Divorce 

Posted on in Collaborative Law

shutterstock_704183452.jpgMany elements of the divorce process are complicated and stressful. When spouses choose to dissolve their marriage, they must make many decisions regarding children, shared property, and finances. These agreements made between spouses during the divorce process can be life-changing, leading to contention between families. Suppose both spouses are looking to work together during the divorce process. In that case, there are Alternative Dispute Resolution (ADR) options to help facilitate a smooth divorce and transition into a new phase of life, one being collaborative divorce between spouses. 

Understanding Collaborative Divorce 

A common issue that arises during the dissolution of a marriage is disagreement between spouses. Conflict can occur for various reasons, including the inability to agree on the division of property, tension regarding the allocation of parenting responsibilities, or poor communication between partners. Alternative Dispute Resolutions (ADR) are intended to give couples options for resolving disagreements without litigation. Litigation is more expensive and time-consuming, leading to another layer of stress for divorcing couples. Some common ADRs include mediation, arbitration, or collaborative divorce. 

Collaborative divorce is best for couples who wish to work together but have trouble agreeing on specific aspects of their divorce plan. Each couple will have their own divorce attorney separate from their spouse to represent individual interests during this dispute resolution process. However, both attorneys will work together to form an agreement without going before a judge. Typically, these negotiations are informal. Each partner's legal representation will advocate coming to a mutual understanding on a spouse's behalf.

Three Key Benefits of Collaborative Divorce 

Many benefits stem from using collaborative dispute resolution during a divorce. Three key benefits of a collaborative divorce include:

  • Focusing on Family Needs — In a collaborative divorce, the best interests of both parties are considered. This is beneficial for both spouses, but it can also benefit spouses with children. Highly contested divorce litigation can have lasting impacts on children and other family members. Opening up health dialogue with the assistance of collaborative attorneys can reduce tension and help preserve relationships between a family. 

  • Specialized Assistance — Each relationship is unique and comes with its own hurdles. Sometimes a married couple disagrees over childcare needs, while others debate property division. Collaborative divorce is specialized for each family. Couples in a collaborative divorce can use a variety of experts during the collaborative process, including child therapists and financial coaches. 

  • Saving Time and Costs — With collaborative dispute resolution, couples can speed up the divorce process or slow it down. The collaborative process is designed to fit the needs of each family, giving spouses more control over how much time, energy, and funds go into the divorce process. 

Contact DuPage County Collaborative Divorce Attorneys  

Collaborative divorce is best used when spouses desire to come to a mutual agreement but struggle with making a joint decision on specific topics. If one or both spouses are unwilling to communicate or come to an agreement, collaboration may not be possible. If you are currently divorcing your spouse and are interested in collaborative practice, our DuPage County collaborative divorce attorneys at Law Office of Ronald L. Hendrix, P.C. may be able to help you decide if the collaborative approach is right for you. Please call us at 630-355-7776 to contact our office.

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000

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