As Illinois divorce attorneys, we know that ending a marriage is never easy. But not every divorce has to turn into a courtroom fight. For couples who want to avoid litigation and reach fair, respectful agreements, collaborative divorce can offer a better path forward. In collaborative divorce, both spouses work together—alongside their attorneys and other professionals—to resolve disputes privately, without going to court. This process often leads to better outcomes, especially when children are involved, and helps protect relationships and finances in the long term.
Under Illinois law, collaborative divorce is recognized as a voluntary, structured process. It offers a peaceful alternative for couples willing to cooperate. Each spouse retains their own collaboratively trained attorney, and everyone signs an agreement to resolve the matter without filing contested motions. If the process breaks down and one party files in court, both attorneys must withdraw. That requirement creates a strong motivation to stay focused on the resolution.
Understanding The Legal Framework Of Collaborative Divorce
Collaborative divorce in Illinois is governed by the Illinois Collaborative Process Act, codified at 750 ILCS 90/1 et seq. This statute outlines the structure and expectations for collaborative law participation. It allows couples to privately resolve matters related to property division, child custody, parenting time, spousal maintenance, and other family law issues.
The law requires that both parties enter into a collaborative process participation agreement, as defined in 750 ILCS 90/15, which clearly states the intention to resolve the divorce without court intervention. This agreement also confirms the voluntary nature of the process and identifies the roles of any neutral professionals involved, such as child specialists or financial experts.
Key Features Of Collaborative Divorce
What sets collaborative divorce apart from traditional litigation is the tone and method of the process. Here’s what you can expect:
- Voluntary Participation – Both spouses agree to cooperate and disclose all relevant financial and parenting information.
- Non-Adversarial Process – The focus is on interest-based negotiation rather than positional bargaining.
- Confidentiality – All discussions and materials shared in the process are confidential and cannot be used later in court if the process fails.
- Team-Based Approach – Depending on the needs of the case, we may involve neutral professionals such as financial advisors, child psychologists, or divorce coaches.
- Court-Free Resolution – No motions or litigation are filed while the collaborative process is active.
This approach works best when both parties are committed to fairness and transparency. It also allows us to focus on creative solutions tailored to your family rather than relying on court-imposed outcomes.
When Collaborative Divorce Is A Good Fit
Collaborative divorce can be highly effective in many situations, including:
- Couples who want to protect their children from conflict
- Spouses who want to keep their divorce private
- Parties who have shared parenting goals
- High-net-worth individuals who want more control over financial disclosure and settlement terms
- Couples who value long-term cooperation after divorce
However, it may not be the right fit if one party refuses to negotiate in good faith, conceals assets, or refuses to comply with the process. In those cases, traditional litigation may be necessary to protect your rights.
Legal Issues We Can Resolve Collaboratively
Almost every issue that arises in a divorce can be addressed through the collaborative process.
These include:
- Division of marital and non-marital property
- Allocation of parental responsibilities (legal custody)
- Parenting time (physical custody and visitation)
- Spousal maintenance (alimony) under 750 ILCS 5/504
- Child support under 750 ILCS 5/505
- Tax considerations and future planning
As attorneys, our role is to ensure that your legal interests are protected while guiding the process toward resolution without unnecessary conflict.
Frequently Asked Questions About Collaborative Divorce In Illinois
Is Collaborative Divorce Legally Binding In Illinois?
Yes. Once an agreement is reached through the collaborative process, it is drafted into a formal Marital Settlement Agreement and Parenting Plan. These documents are then filed with the court and, once approved by a judge, become legally binding orders. The collaborative process itself is private, but the final divorce judgment is entered like any other uncontested divorce in Illinois.
What Happens If One Spouse Quits The Collaborative Process?
If either spouse chooses to withdraw from the process and files contested motions in court, both collaborative attorneys must withdraw from the case. This is required under 750 ILCS 90/30. You will need to hire new attorneys to continue in court. This rule encourages both parties to stay committed to resolution and discourages turning to litigation when disagreements arise.
How Long Does Collaborative Divorce Take In Illinois?
Collaborative divorce often takes less time than contested litigation, but the exact timeline depends on the complexity of the case and the parties’ willingness to cooperate. Many cases are resolved in three to six months. Because there are no court delays, you control the pace. Sessions are scheduled based on your availability and progress.
Can We Still Use Financial Or Parenting Professionals In Collaborative Divorce?
Yes. One of the advantages of collaborative divorce is the option to bring in neutral professionals, such as certified divorce financial analysts, accountants, or child psychologists. These experts help clarify issues and reduce conflict. Their involvement can also make the process more efficient by preventing disputes later.
Is Collaborative Divorce More Affordable Than Going To Court?
In can be. While there are still legal fees, collaborative divorce avoids lengthy court proceedings, multiple filings, and drawn-out litigation. The process is often more efficient and controlled, which can lead to cost savings—especially for couples who are committed to resolving their issues constructively.
Do We Have To File Anything With The Court During The Collaborative Process?
Not until an agreement is reached. No motions are filed with the court while the collaborative process is underway. Once a final agreement is signed, it is submitted to the court to finalize the divorce. This helps keep the matter private and out of the public court record until the end.
Can We Modify The Agreement Later If Circumstances Change?
Yes. Just like in any other divorce, modifications to parenting time, child support, or spousal maintenance can be made after the divorce is finalized, if there is a substantial change in circumstances. We often draft agreements with flexibility to help reduce future conflict and simplify any needed changes.
Call Michael C. Craven To Discuss Collaborative Divorce Options
Michael C. Craven helps individuals and families throughout Chicago understand their divorce options, including whether collaborative divorce is right for their case. His goal is to support you with clear legal advice, strategic guidance, and personalized representation at every step of the process.
Contact our Chicago collaborative divorce attorney today by calling (312) 621-5234 to schedule a free consultation. Our law office represents clients throughout the city of Chicago, Illinois, with compassionate and effective legal guidance tailored to your divorce, parenting, or property concerns.
