How Does the Collaborative Divorce Process Work?

 Posted on December 12, 2025 in Family Law

If you anticipate that your divorce will be difficult, consider which of these two options sounds better:

You and your spouse each choose an aggressive lawyer who will fight out your issues in court. Consider which of you has more money to spend and is more likely to drag the legal process out of spite.

Or:

You and your spouse agree to resolve your divorce without going to court. You work together with a team of professionals who will give you recommendations with a focus on the best interests of your family.

If you want to file for divorce in DuPage County in 2026 and the latter approach sounds better, then the collaborative divorce process might be right for you. Our Bloomingdale, IL divorce attorneys are here to help. 

What Is Collaborative Divorce?

The Illinois Collaborative Process Act (750 ILCS 90) took effect on January 1, 2018. This law sets the legal framework for collaborative divorce.

Collaborative divorce is a process a divorcing couple can use to work together to resolve divorce issues. These include:

• Property and debt division

• Child custody and parenting time

• Spousal maintenance, or alimony

• Child support

Each spouse is represented by an attorney who provides legal guidance and advocates on behalf of the client. However, these attorneys commit to helping the couple reach a settlement without going to court.

Who Should Consider Collaborative Divorce?

The collaborative divorce process makes sense for:

• Couples who will be co-parenting and wish to protect their children from the negative impacts of litigation

• Couples who want or need privacy

• Couples who want greater control over their divorce outcomes rather than leaving decisions to a judge

• Families with complex financial situations that benefit from expert neutral analysis

• Couples who are on good enough terms to work together

How Does the Collaborative Divorce Team Approach Work?

Collaborative divorce can involve many professionals to help negotiate and settle divorce issues. 

Financial Specialists

High net worth couples can benefit from working with a financial specialist. These professionals can help with issues like business valuations, retirement account divisions, tax implications of settlement options, and long-term financial planning.

Mental Health Professionals and Divorce Coaches

A mental health specialist or divorce coach helps with the emotional issues of divorce. Their primary role is to help the spouses learn to communicate their desires and concerns in a productive manner.

Child Specialists

A child specialist helps by interviewing each parent and the children. The child specialist can then make recommendations for a parenting plan based on what is most important to each family member and what will be in the best interest of the children.

Other Professionals

Couples may work with real estate appraisers who can accurately value properties. Accountants, tax advisors, and many other types of professionals may also join the collaborative team.

What Is a Collaborative Divorce Participation Agreement?

Before the collaborative divorce process begins, everyone involved must sign a participation agreement. This document outlines the collaborative process.

In the agreement, the parties agree to:

• Maintain an attitude of cooperation and respect

• Resolve the divorce through the collaborative process

• Disclose full and accurate information about all issues

• Freely provide financial documents and any other records needed

• Voluntarily reveal any requested information in a timely manner

• Negotiate in good faith

• Discharge their respective lawyers if the collaborative process fails

The Illinois Collaborative Process Act requires that the process is confidential. Most information discussed cannot be used as evidence in future litigation. This protects the privacy of the process and helps promote candid discussions.

What Happens If the Collaborative Process Fails?

If negotiations break down, the collaborative divorce process ends. Both spouses must hire new attorneys to represent them.

This serves two purposes. First, it motivates everyone involved to work hard to make the collaborative process succeed. Second, it protects the process by ensuring that attorneys do not hold back information that they plan to use later in court.

When an agreement is reached and sent to the court, the collaborative process comes to an end.

What Are the Advantages of Collaborative Divorce?

Collaborative divorce offers several benefits over traditional divorce litigation.

Greater Control

You maintain control over the outcome rather than leaving major life decisions to a judge who does not know your family.

Faster than Litigated Divorce

Collaborative divorce usually moves faster than litigation. You are not waiting for court dates or dealing with crowded court dockets in DuPage County courtrooms.

Greater Privacy

Negotiations happen outside of public courtrooms and settlement terms remain confidential unless filed with the court.

Better Long-Term Relationships

Collaborative divorce often results in better long-term relationships between ex spouses. This is important when children are involved or when spouses must continue working together.

What Are the Disadvantages of Collaborative Divorce?

Many people believe that collaborative or mediated divorces are the only ways to end a marriage in a civil way. This is simply not true. The traditional divorce process can be done without hard feelings when both spouses commit to working together.

Some notable disadvantages of collaborative divorce include:

• Spouses must generally be on relatively good terms for the collaborative divorce process to work

• It is harder to make sure you get all the information you might need, particularly if one spouse is hiding assets

• Each spouse is hiring an attorney who cannot advocate for them in court if the process fails

• Collaborative divorce can cost more than traditional divorce 

Contact a Bloomingdale Collaborative Divorce Attorney

If the collaborative divorce process sounds right for you, talk to our DuPage County divorce lawyers. We are experienced in a variety of methods of alternative dispute resolution. Call Mevorah & Giglio Law Offices at 630-932-9100 for a free initial consultation to discuss whether collaborative divorce is the right choice for your family.