New Illinois Law Pushes for Divorces to Be More “Collaborative”

State legislators in Illinois have passed a new law that sanctions a new, team-based approach to divorces, encouraging a more amicable way to dissolve marriages.

Although divorces, by their nature, tend to be acrimonious, the Illinois Collaborative Process Act aims to create standards that divorce attorneys, as well as financial advisors and mental health professionals, can adopt and present as viable options to divorcing clients.

Chief among those options is a “collaborative divorce,” which has been described by its proponents as a clean, simple, and less-expensive way to end a divorce without ever having to go through a messy and emotionally-draining trial.

Collaborative Divorce Explained

Words like “clean” and “simple” are rarely associated with divorces, but that’s exactly the appeal behind a collaborative divorce.

In a collaborative divorce, the two spouses work with divorce attorneys with the intention of coming to the most amicable resolution to the case. The process also involves the participation of different collaborative professionals, such as neutral financial advisors, mental health professionals, and child specialists, all of whom are committed to supporting the couple and the family address their issues and arrange agreements for both parties to move on and start their lives anew as ex-spouses.

Collaborative Divorces vs. Litigation

Perhaps the biggest advantage of a collaborative divorce over litigation is that litigation usually devolves into blaming, incessant arguing, and trying to make the other side “pay.” In contrast, the collaborative process is about focusing on solutions by finding common ground between both parties.

In litigation, the goal is often to “win” the case by making your soon-to-be ex-spouse look as the bad guy. With a collaborative process, the goal is not to play the blame game and point fingers—it’s finding a solution that works for everyone involved.

When it comes to costs, while a collaborative divorce is usually less costly than a trial, it will still be expensive.

Will a Collaborative Divorce Work for You?

Of course, the question is: Does a collaborative divorce even work?

Short answer? It depends on the couple seeking it. For example, if you and your ex are the type of people who value your relationship and want to remain civil and maybe even continue on as friends after the divorce, then yes, a collaborative divorce might work for you.

But these scenarios are far and few between, especially when so many divorces involve infidelity and pain. But if you and your ex are willing to put aside your differences for the greater good of your family, a collaborative divorce can be a viable option.

If you would like to learn more about collaborative divorces in Texas, or want to find out such an arrangement can work for your situation, don’t hesitate to schedule a consultation with Austin family law attorney Daniella Lyttle of the Lyttle Law Firm. Contact our offices to learn more about how we can help you.

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