Collaborative Divorce: Working Together for a More Amicable Separation

 Posted on January 15, 2026 in Collaborative Law

If you are thinking about ending your marriage in 2026, you might be wondering if you have to go through a long and stressful court process. Depending on your situation, you may be able to use something called "collaborative divorce" instead. 

Collaborative divorce is a process that allows you to work together with your spouse to reach fair agreements without going to court. This approach can save time, money, and stress while giving you more control over the outcome. Our Wheaton family law attorneys are here to help you understand if collaborative divorce could be a good fit for you. 

What is Collaborative Divorce and How Does It Compare to Traditional Divorce?

Per the Illinois Collaborative Process Act (750 ILCS 90), collaborative divorce is a way to end your marriage that focuses on cooperation instead of fighting in court. In a collaborative divorce, you and your spouse both hire special lawyers who help you reach agreements through meetings and discussion. Everyone involved signs an agreement promising to work together and keep things out of court.

How Collaborative Divorce is Different from Traditional Divorce

In a traditional divorce, you and your spouse each hire lawyers who fight for your interests in court. A judge makes the final decisions about your property, custody, and support payments. This process can feel like a battle where there is a winner and a loser. Traditional divorce often takes longer and costs more because of court appearances, the "discovery period," and trial preparation.

How Collaborative Divorce Differs from Cooperative Divorce

Cooperative divorce is another out-of-court option that looks a lot like collaborative divorce. The main difference is what happens if negotiations fail. In a cooperative divorce, if you cannot reach an agreement, your lawyers can still represent you if you go to court. In a collaborative divorce, if the process fails, both lawyers must withdraw from the case. This rule encourages everyone to work harder to find solutions because starting over with new lawyers would cost more time and money.

What are the Benefits of Choosing a Collaborative Divorce?

Collaborative divorce offers several advantages over traditional court battles. You save money on legal fees because you spend less time in court and avoid trial preparation. Collaborative divorce also avoids long delays waiting for court dates. You are able to create solutions that fit your unique family situation instead of following the orders of the judge, who does not know your family.

In collaborative divorce, you have more privacy. Court proceedings become public record, which means anyone can access information about your finances and personal life. Meetings for collaborative divorce stay confidential. You can also bring in professionals as needed. Financial planners, child specialists, mental health professionals, or accountants can give advice during meetings.

When is Collaborative Divorce a Good Option?

Collaborative divorce works best in certain situations. Consider this option if:

• You and your spouse can communicate respectfully, even if you disagree on some issues.

• Both of you are willing to share financial information honestly and completely.

• You both want to protect your children from the stress of a court battle.

• You want to make your own decisions instead of having a judge decide for you.

• You value privacy and do not want your personal matters to become public record.

• You are willing to make compromises and look for solutions that work for both of you.

• You have complex assets or situations that would benefit from input by financial professionals.

• You want to save money on legal fees and court costs.

• You are committed to working through the process without threatening court action.

• You want to maintain a civil relationship with your spouse after the divorce.

When Should You Not Use Collaborative Divorce?

Collaborative divorce is not the right choice for every situation. You should not use collaborative divorce if:

• There is a history of domestic violence or abuse in your relationship. Collaborative divorce requires that you meet in-person with your spouse, and your safety is more important than staying out of court or saving money. 

• One spouse is hiding assets or being dishonest about finances. The collaborative process depends on both parties being honest.

• One spouse has a severe substance abuse problem or untreated mental health condition that makes discussion impossible.

• There is a power imbalance that makes one spouse feel unable to speak up or advocate for themselves.

• There are urgent child safety or custody concerns that need immediate court intervention.

• You need temporary support orders right away and cannot wait for the collaborative process to happen.

Contact a Wheaton, IL Collaborative Divorce Attorney Today

Collaborative divorce can be a great tool for couples who can communicate effectively. If you want to learn more about whether this approach is right for your situation, a DuPage County family law lawyer can help. Reach out to Andrew Cores Family Law Group for a free consultation. 

Andy Cores is currently a Fellow for the Collaborative Law Institute of Illinois and also served as a past member of his TEC Committee. Call 630-871-1002 today to speak with an attorney who can guide you through your options.