When children are involved, a divorce does not just mean the dissolution of a marriage. It also means life changes for an entire family. A divorcing couple may take the position to proceed as civilly as possible. Even if two people decide not to remain married, they most likely still want to do what is best for their children. Collaborative divorce is a more amicable option and is an alternative for those who wish to avoid court when legally ending their marriage.

The process of collaborative divorce requires an agreement with promises of good faith from each party moving forward and an honest disclosure of all paperwork and relevant information needed for a resolution that is beneficial to everyone.

Divorce is commonly associated with feelings of anger, hurt, and resentment, but certain situations allow for collaborative law as an option because both parties choose to set those aside in the interest of saving time and money, as well as preserving their family.

Today, there are several ways to pursue your divorce outside of traditional litigation. For some couples, going through litigation is costly in terms of emotions and finances. Perhaps you and your spouse are able to discuss issues in a relatively civil matter. If you're concerned about the high costs of traditional divorce, an Illinois collaborative divorce approach may be the answer you have been looking for.

The collaborative approach is actually picking up steam in other states, too, as a different way to pursue marriage dissolution. You will need to hire an attorney trained in collaborative law to start.

To begin with, collaborative divorce allows for 4-way meetings with you, your attorneys, your spouse, and his or her attorneys. This reduces the need to attend court multiple times to discuss matters. If your negotiations don't end up working out, you will still have the opportunity to go to court, but this time with new lawyers. The focus of collaborative law is on identifying critical issues and developing plans to resolve them. This gets away from the approach of placing blame and generating a contentious environment for you and your spouse.

The process of divorce is very difficult on the emotions on each partner, as well as any children.  Instead of going through a divorce publicly in a divorce court, there is an option to come to an agreement through collaboration.  Now the state government of Illinois is considering some new legislation about collaborative law to protect consumers.

The bills are Senate Bill 31 and House Bill 1029 combined are referred to as the Uniform Collaborative Law Act, or UCLA.  The hope is that by setting down the guidelines of the process and the expectations of the professionals managing this method of divorce, the divorce process will be easier.  This legislation is similar to Collaborative Acts already enacted in Hawaii, Ohio, Nevada, Texas, Utah, and other states.

One of the major advocates of this law is the Collaborative Law Institute of Illinois (CLII).  Current president Carlton Marcyan said that “the Uniform Collaborative Law Act will provide an alternative that promotes communication and a ‘common sense’ way to end their marriage intelligently and more rapidly.”  It also has the benefit of being much cheaper than a divorce presided by a judge in court.