How Do Collaborative and Traditional Divorces Differ in Illinois?

 Posted on May 14, 2025 in Collaborative Law

In Illinois, there is more than one way to divorce, and some options are better suited for couples depending on their situation. Collaborative divorce, as the name implies, takes much of the fight out of the divorce process. Consider some key differences between collaborative and traditional divorces. If you have questions about which option could be right for you, a Will County, IL divorce attorney can help you by assessing your situation and the legal options that would best serve you and your spouse.

What Is a Collaborative Divorce?

When you think of divorce, the litigation process is likely what comes to mind. Fighting it out in a courtroom is not the only option. With collaborative divorce, you typically settle all elements, including property division, spousal support, and the allocation of parental responsibilities, through mediation and negotiation. You would both have to willingly participate in the divorce process, and the attorneys representing each of you will work together to help you resolve the key components and come to a divorce agreement. 

Other professionals and consultants are also involved in the process. For example, you may have financial specialists to evaluate the implications of proposed settlements and assist in post-divorce budgeting. Child specialists can help you assess how the divorce is impacting your children and provide recommendations to improve the parenting plan. You can even include mental health professionals to offer support and help you communicate more effectively.

What Are the Key Differences Between Collaborative Divorce and Traditional Divorce in Illinois?

Illinois law has guidelines for the collaborative process, where you can dive deeply into a comparison with a traditional divorce. However, some key differences include:

• Communication: For a collaborative divorce to work, both parties have to be highly communicative and compromising. Traditional divorce is a more reasonable solution when lines of communication are not good.

• Shared information: Information in a collaborative divorce is often exchanged freely and openly in a more informal process that is not generally present in a traditional divorce.

• Control: The collaborative process gives you more control over the outcome rather than relying on the court to make final decisions for you.

• Faster resolution: Litigated divorce can be highly contested, drawing out the process. Collaborating can mean reaching a solution much faster.

• Easier for the children: The non-adversarial nature of collaborative divorce is better for couples with children because it avoids fighting that can disrupt the children’s lives and cause general anxiety.

If at any point during the collaborative divorce process, you and your spouse find yourselves at odds, you may decide that litigation is the only reasonable solution. Should that happen, your attorney will guide you through the appropriate steps.

Schedule a Free Consultation With a Naperville, IL Collaborative Divorce Attorney

The DuPage County, IL divorce lawyer at Law Office of Ronald L. Hendrix, P.C. has a background in guidance and counseling and has worked as a court-appointed mediator. This unique perspective is useful for clients in many situations. Whether you want to pursue a collaborative or traditional divorce, having a legal representative can make the process smoother and more efficient. Call 630-355-7776 today to schedule your free initial consultation and ask any questions you may have about the legal options available to you.