Divorce may be the best thing for a couple in the long-term, but in the short-term, it tends to release a stream of negative emotions, and bitter Court battles will likely increase the level of conflict. Divorce cases, particularly high-conflict ones, can greatly complicate settling outstanding issues, make it more difficult to move on emotionally and physically, and negatively impact a child’s relationship with one or both parents. While litigation is the traditional way to seek divorce, other options are available that are less confrontational and are designed to help couples find common ground, allowing them to resolve their disagreements privately and without Court intervention.
The newest divorce method endorsed by the Illinois legislature is the collaborative law process, and a law governing how it applies to divorce and family law cases went into effect at the beginning of 2018. This non-adversarial approach allows spouses to preserve a working relationship and implement better communication strategies that they can use going into future interactions after their divorce. The format and process of collaborative divorce is quite different than litigated divorce, and it can be a good option for couples seeking an alternative that promotes compromise when addressing how to resolve differences.
The Collaborative Process
Collaborative divorce is an alternative dispute resolution method that starts with both spouses and their attorneys signing a participation agreement in which they agree to make a good faith effort to settle their divorce without Court intervention and promise to freely share information. In addition, the parties must also recognize that if the collaborative process is terminated for any reason, their collaborative law attorneys will be disqualified from representing either client in future litigation....
Divorce does not have the best reputation for promoting civil and cooperative relationships between spouses. Traditional divorce actions pit the parties against each other in an adversarial process that does everything possible to limit — or completely cut off — direct contact. While this can make moving from the marriage easier, both emotionally and physically, the litigation model of standard divorce cases does not prepare the parties for working together over child custody, or allow them to have much a say in the terms of the divorce decree.
In recent years, the legal system has increasingly favored settling divorce cases in less contentious environments due to the practicalities of limited Court resources and also to facilitate a better outcome for the parties. This reduces the likelihood of needing to return to Court to settle additional issues.
A fairly new process in the alternative dispute resolution realm is collaborative divorce — mediation being the form with which most people are familiar— which was formalized into Illinois law this summer and will become effective January 1, 2018. Collaborative divorce is the least combative way to end a marriage, and in fact tries to give the parties a firm foundation for future interactions by teaching them more effective ways to communicate and cooperate....