Obstacles to Collaborative Divorce | Illinois
Posted on September 11, 2024 in Collaborative Law
Collaborative divorce can be a more amicable option for divorcing couples. It avoids a trial while allowing a couple to retain control over the decision-making. The collaborative divorce process begins with a conversation between the spouses to ensure both parties are willing to work together.
If either party is unwilling to work cooperatively, a collaborative divorce is not the right choice for you and your spouse. Yet when a judge must make decisions regarding asset division, allocation of parental responsibilities, and spousal support, the outcome may not be one that either spouse is happy with.
Courts encourage couples to work together to resolve divorce disputes outside of court, and collaborative divorce can be one of the best ways to do this. While there are many benefits associated with collaborative divorce, the process is not for everyone. Perhaps the most common reason a collaborative divorce does not work for a couple is mistrust.
Collaborative divorce requires that each party trusts the other to work in good faith. Unfortunately, by the time a couple has decided to divorce, there may be little trust left between them. To determine whether collaborative divorce is the best process for you and your spouse, it is a good idea to speak to a knowledgeable Wheaton, IL collaborative divorce lawyer from Andrew Cores Family Law Group.
What Are Some Reasons a Collaborative Divorce Might Not Work for All Couples?
While collaborative divorce works well for many divorcing couples, if any of the following issues are present, it might not be the right choice.
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If there are issues that are simply irreconcilable, then a collaborative divorce is unlikely to be successful. Collaborative divorce is an all-or-nothing outcome, so when there is even one issue that remains unresolved, the entire process fails.
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Opting for a collaborative divorce does not guarantee a peaceful divorce; when you add in experts and lawyers, the process may turn combative.
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A spouse who is a bully may need the court system to keep his or her behaviors in check.
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Collaborative divorce offers less opportunity to investigate discrepancies in finances because it happens outside of court.
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When you choose collaborative divorce, if a full agreement is not reached, you have hired an attorney who cannot advocate for you in court, requiring you to start over with a new attorney.
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A collaborative divorce can be more costly by the time mediators, attorneys, and experts have all weighed in.
When Does Collaborative Divorce Work Best?
Collaborative divorce works well when both spouses are willing to commit to the process and are comfortable working directly with one another. If both spouses agree to try to set aside negative emotions to work productively toward common goals, then collaborative divorce could work well. Couples who agree that their marriage should end with respect – especially when children are involved – might benefit from a collaborative divorce. A collaborative divorce can protect children, making the process as painless as possible for all those involved. If both parties are willing to compromise and treat one another respectfully, then a collaborative divorce could work.
Contact a DuPage County, IL Collaborative Divorce Attorney
Having a trusted Wheaton, IL collaborative divorce attorney guiding you through the process can make all the difference in the outcome of your divorce. Attorney Andy Cores is a Fellow for the Collaborative Law Institute of Illinois and also served as a past member of the TEC Committee. At Andrew Cores Family Law Group, our family law attorneys are trained in collaborative law and mediators, using these techniques effectively to assist our clients in reaching beneficial agreements for their families. Find out more about alternative dispute resolutions by contacting Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation.
