Divorce litigation can be overwhelming and exhausting. It costs couples time, money, and mental well-being. Although these divorces are more often sensationalized, they are not the most common way to resolve a divorce. In fact, most divorces are finalized outside of court through alternative dispute resolution (ADR). Collaborative divorce is one form of ADR. A Bloomington collaborative divorce attorney can support you through the process of an out-of-court divorce.
Litigation naturally places spouses on opposing sides, and it fosters an environment for spouses to be at odds. Unlike divorce litigation, collaborative divorce promotes compromise, creative resolutions, and working together. In this type of divorce, each spouse is represented by their own attorney, and all parties work together on a separation agreement. Each spouse’s interests and rights are protected by their attorney.
The Advantages of a Collaborative Divorce
There are several benefits of getting a collaborative divorce. It is an option to resolve both uncontested and contested divorces, as it allows each party to protect their interests while still collaborating as amicably as possible. A collaborative divorce can benefit couples in many ways:
Greater Control Over the Process
An in-court divorce is dependent on the schedule of the court, and it resolves when a judge finalizes the divorce decree. Although each spouse and their attorneys can advocate for their wishes in a separation agreement, the final outcome is based on the discretion of the judge. While a judge will use all the information provided in the proceedings to make a decision, you and your spouse know your family and needs the most.
In collaborative divorce, couples have control over the final separation agreement and can decide when it is finalized. All aspects of the agreement are crafted and negotiated by the spouses, giving them complete control over it.
Less Contentious Environment
A collaborative divorce does not pit spouses against each other but focuses on working together and communicating. This can lessen the stress and emotional strain of the divorce. When spouses collaborate on solutions for each other and their family, everyone’s needs are more likely to be met. Parties are not focusing on who wins or loses the divorce but on the ideal outcome for their family.
Quicker Resolution
An in-court divorce is reliant on the availability of the court for a hearing to be held. If the divorce needs several court dates, this can take a long time. The hearing may also be at inconvenient times or places. Collaborative divorce sessions can be scheduled according to the availability of spouses and their attorneys. They are also much less formal and overwhelming than a court hearing.
Less Expensive
A collaborative divorce is generally less expensive than a litigated divorce due to the lower court costs, the shorter time the process takes, and other factors. Attorney fees are often higher in court divorces. Litigation may also cause you to have to take time off work or drive long distances to the court, increasing the costs of the process.
Privacy Protection
If a divorce is handled in court, the discussions will become part of the public record. Information presented in court is not private, including sensitive personal or financial information, details about your kids, and descriptions of how your marital property is split. Getting a collaborative divorce can keep some of this off the record.
Easier on Children and Other Family Members
The lowered contention and stress of a collaborative divorce, compared to a litigated divorce, is also easier on children and the rest of your family. It also limits the chances of children needing to provide testimony in court, which can be very overwhelming. The collaborative divorce process focuses on working toward the future, including your children’s future.
Co-Parenting Foundation
When couples are getting a divorce with children, they typically both want to spend as much time with their children as possible. Often, this means needing to establish a co-parenting relationship. Getting a collaborative divorce sets a good foundation for this by enabling you and your spouse to compromise and collaborate for your children’s interests.
FAQs
Q: Is It Better to Be the Petitioner or Respondent in a Divorce in Illinois?
A: There is no legal benefit to being the petitioner or respondent in a divorce in Illinois in most cases. Because Illinois only has no-fault grounds for divorce, it doesn’t affect this aspect. Filing first typically allows you to present your case to the court first. This may be a benefit for some and a detriment to others. Presenting your case second allows you to see the petitioner’s case first. The petitioner can also select where the divorce is filed if the couple is eligible in multiple jurisdictions.
Q: What Is the Collaborative Process Act in Illinois?
A: The Collaborative Process Act in Illinois encourages the use of the collaborative process to resolve family law cases rather than litigating them. This may be in a divorce case, annulment, separation, or the creation of a parenting plan, among other situations. In the collaborative process, individuals can use collaborative law attorneys to help them negotiate agreements and resolutions. This can help limit the amount of time and money spent in court. These agreements are presented to the court for approval once they are agreed on.
Q: How Much Does It Cost to Get a Divorce If Both Parties Agree in Illinois?
A: How much it costs to get a divorce if both parties agree in Illinois varies based on the filing fee in a particular county and on the cost of legal representation. Although it may seem tempting to cut further costs and get a divorce without an attorney, you may be able to save yourself costs later by ensuring that you create your separation agreement properly and that each party’s financial rights are protected. Attorney fees depend on how complex your case is and an attorney’s experience.
Q: What Happens If My Husband Doesn’t Respond to Divorce Papers in Illinois?
A: If your husband does not respond to divorce papers in Illinois, you may be granted a default divorce by the court. You must make a reasonable attempt to serve your spouse the divorce papers and summons. If your spouse does not respond or is unable to be served the papers, you can request a default divorce. The court will schedule a default hearing. If your spouse does not appear at this hearing, the court may award a default divorce, where you will be granted whatever you asked for in your initial petition.
Contact Stange Law Firm in Bloomington, IL
Contact Stange Law Firm today to see if a collaborative process is right for your divorce.
