Like many other states in the U.S., Illinois is a no-fault divorce state. This means that neither you nor your spouse needs to prove there was wrongdoing to end your marriage.
Because Illinois is a no-fault state, you may also have the option of avoiding litigation entirely. If you and your future ex-spouse want to maintain a civil relationship and avoid going to court, a collaborative divorce may be a better option.
1. What is collaborative divorce?
During a collaborative divorce, both you and your spouse may hire your own attorney. However, the four of you agree to work together to negotiate an outcome that is acceptable to both sides.
2. What are potential benefits of collaborative divorce?
From valuing and dividing complex assets to determining parenting time schedules, if you go to court, a judge may have the final word on important issues. Under collaborative divorce, you and your future ex maintain control of the decision-making process. This may help to keep emotional stress to a minimum while enabling you to find creative solutions that may not be possible through traditional divorce litigation.
3. How can you get the most out of the collaborative process?
Before beginning collaboration, it may be helpful for both you and your spouse to outline your individual goals and desired outcomes. This may help you find common ground on some issues while working toward a thoughtful resolution in areas where you conflict.
To be successful, divorce collaboration may require effective communication and a certain amount of compromise. However, by working toward a settlement that you have negotiated personally, you and your future ex may find it easier to navigate your separate lives going forward.