Using Collaborative Law for a Contested Divorce in Illinois

 Posted on September 09, 2025 in Collaborative Law

When couples cannot agree on the terms of their divorce, the process can quickly become complicated and emotionally draining. While many divorces in Illinois are contested, not every case has to result in a bitter courtroom battle. One available option is collaborative law. With the help of a skilled Geneva, IL collaborative divorce lawyer, spouses can often resolve disputes more respectfully and privately than through traditional litigation.

What Is a Contested Divorce?

A contested divorce occurs when spouses disagree on one or more issues. Disputes can stem from issues related to custody, child support, spousal maintenance, and division of marital assets. Under the Illinois Marriage and Dissolution of Marriage Act, Section 401 explains that a divorce may proceed even if one spouse objects, as long as the marriage is shown to be irretrievably broken. Contested divorces often take longer and cost more because they involve hearings, motions, and sometimes a trial.

How Does the Collaborative Law Process Work in Illinois?

Collaborative divorce is a process where both spouses agree to settle their issues without going to court. Illinois has adopted the Uniform Collaborative Law Act, which lays out the framework for the process.

Both you and your spouse will hire a specially trained collaborative attorney, and everyone will sign a participation agreement. This agreement requires you to share information openly and work toward a settlement. Meetings may also involve neutral professionals, such as financial planners or child specialists, who help you find creative solutions to the problems you need to resolve.

If either of you decides to abandon the collaborative process and go to court, both attorneys must withdraw, and you will need to hire new counsel to take your case to court. Basically, you start over with a new process.

Benefits of Using the Collaborative Process for a Contested Divorce

Collaborative divorce offers several advantages for divorcing couples who are willing to work together:

• Privacy: Unlike court proceedings, collaborative sessions are private.

• Control: You have more say in shaping your agreements instead of leaving it up to the judge’s discretion.

• Efficiency: Cases often resolve faster than traditional litigation.

• Cost savings: Fewer court appearances typically mean lower expenses.

• Reduced conflict: The process encourages respectful communication, which can help maintain healthier co-parenting relationships.

Any settlement in Illinois must still follow the laws on child custody and support. For example, 750 ILCS 5/602.5 explains how courts evaluate the allocation of parental responsibilities, also known as child custody, ensuring that the child’s best interests remain the top priority.

When Is the Collaborative Divorce Process Not Appropriate?

While collaborative law can work well in many contested divorces, it is not the right choice for every couple. If there is a history of domestic violence, intimidation, or significant financial dishonesty, the process may not be effective or safe. Similarly, if one spouse refuses to cooperate or disclose assets, traditional litigation may be necessary to protect the other spouse’s rights. In cases involving issues that require immediate attention, such as temporary restraining orders or emergency child custody, the court system is the better route. It can provide protections that collaborative law cannot.

Contact a Kane County, IL Divorce Attorney Today

Exploring collaborative law could provide a less stressful path forward while still protecting your interests. At The Law Offices of Douglas B. Warlick & Associates, you will receive highly personalized guidance from a Geneva, IL collaborative divorce lawyer who is specifically trained in collaborative law and understands how to make the process work. While we believe in the value of cooperation, we are also fully willing to go to court if necessary to safeguard your rights.

Our founding attorney, Doug Warlick, has been practicing law since 1981 and brings decades of experience to each case. He is also trained to handle matters involving domestic violence, assuring clients that their safety and rights are the priorities.

Contact us today at 630-232-9700 to schedule a consultation and find out whether your divorce is better suited for the collaborative process or litigation.