Illinois Divorce: Is Collaborative Divorce an Option?

 Posted on December 11,2013 in Family Law

The good news is that Americans are staying married longer after decades of reported increases. According to the recent Census report, newlyweds married during the '90s are faring better than their counterparts who tied the knot in the '80s. Seventy-five percent of couples married in the latter decade are reaching their 10 year anniversaries, up three percent from those who celebrated their nuptials during the previous decade. The bad news still remains that one out of every two marriages in the United States will ultimately end in divorce.

If you and your spouse find yourselves part of the 50 percent considering divorce, a collaborative divorce may be an alternative option to the traditional legal process. Although collaborative law has been around since the 1990s, it is still a fairly new concept.

Born in Minneapolis, collaborative law defines divorce as a personal issue that includes legalities. This voluntary and contractual process provides all involved the opportunity to reach an amicable agreement on all outstanding issues outside of the traditional court system but if at any time the negotiations reach a stalemate, each collaborative attorney will excuse themselves and refer each individual to a litigation attorney. The case then proceeds to the traditional court for a final and binding divorce decree.

The Illinois Collaborative Law Institute states that the use of the collaborative process may benefit each spouse and their children by:

• Reducing stress and animosity;
• Promoting effective communication between partners;
• Retaining decision-making control;
• Achieving results reflective of everyone’s needs;
• Providing a healthy co-parenting relationship;
• Investing in the future;
• Protecting privacy;
• Improving the odds for long-term cooperation;
• Preserving the positive aspects of relationships;
• Accomplishing this life transition in a civil and respectful manner.

If a divorce is imminent, the collaborative law process may provide an alternative option worth exploring. The Illinois Collaborative Law Institute offers a comprehensive brochure and the legal team at Mevorah & Giglio Law Offices serving DuPage County, can also provide you with the answers you need to determine if the collaborative process is the best option for you and your family.