'Collaborative divorce' growing in acceptance
A new, less emotional method of divorce is gaining acceptance by married couples. Called "collaborative divorce," the approach seeks to minimize the conflict, pain and anguish of a traditional divorce through a unique "collaborative" process.
The attorneys for each party and their clients sign a four-way agreement, enforceable in court, which sets down the blueprint for the process. The written agreement by the parties is an indication that they will use all of their resources to settle the case peacefully outside of the courtroom.
Through a series of meetings with their lawyers, the divorcing couple then attempts to identify the issues which must be resolved and what assistance they need from outside professionals before the divorce can be granted. The attorneys remain zealous advocates for their clients, always present at meetings and advising them on the basis of the clients' best interests.
Once a settlement is reached on all issues, a written agreement is prepared by the attorneys and submitted to the court for finalization of the divorce.
The collaborative divorce method may not be appropriate for every case. In situations where domestic violence has taken place, the victim may be too traumatized to participate effectively in the process.
Surveys show that persons who use this method to divorce stay on better terms with each other after the divorce has been granted. This is especially advantageous if the couple has children. The collaborative process, if successful, may also be less expensive.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.