Collaborative Law Vs. Traditional Divorce Litigation

 Posted on September 29, 2023 in Chicago divorce attorney

Collaborative law and traditional divorce litigation are two very different ways to get a divorce. Collaborative law is a voluntary process during which divorcing couples work together with their attorneys to reach a mutually agreeable settlement. Traditional divorce litigation is an adversarial process in which couples go to court to have a judge decide the terms of their divorce.

If you are considering collaborative law, it is important to find lawyers who are experienced in this process. You should also make sure that you feel comfortable with your lawyers and that you trust them to help you reach a fair and equitable settlement.

Collaborative Law

Collaborative law is a voluntary process that focuses on cooperation and communication, so both parties must agree to participate. The goal is to reach a settlement that is fair to both parties and that meets the needs of their children.

Lawyers act as coaches and facilitators to help the couple to communicate effectively and to reach a mutually agreeable settlement. Collaborative law can often involve the use of experts, such as financial experts, child custody specialists, and therapists. These experts can help the couple to make informed decisions about their settlement.

Collaborative law is often less expensive than traditional divorce litigation. This is because couples can avoid the high costs of going to court. It is also designed to put the needs of children first. As such, couples are more likely to reach an agreement that is in the best interests of their children.

Traditional Divorce Litigation

Traditional divorce litigation is an adversarial process in which spouses are on opposite sides of the case, and they are trying to win against each other. The spouses are competing to get the best possible outcome for themselves, even if it means sacrificing the other spouse's (and sometimes even the children’s) needs. The inability to communicate and agree on the terms of the divorce is typically what brings a couple to this point.

Attorneys act as advocates for their clients in divorce litigation. They represent their clients' interests in court, and they try to win the case for their clients. Like collaborative law, traditional divorce litigation may involve the use of experts, but it is less common.

A traditional divorce can be very expensive. The costs of litigation can vary depending on the complexity of the case, but they can easily exceed $10,000. The entire process can be very stressful for children. Children may be caught in the middle of a conflict between their parents, and they may be forced to talk to a judge or guardian ad litem about a case.

Which is Right for You?

Whether collaborative law or traditional divorce litigation is right for you depends on your individual circumstances. Divorcing couples who can communicate effectively and are willing to work together to reach a settlement may benefit more from collaborative law. Couples in a high-conflict divorce or those not able to communicate civilly may have no choice but to choose traditional divorce litigation as an option.

Contact a Yorkville, IL Divorce Attorney

Couples who would prefer to end things amicably would do well to seek a collaborative divorce. For help with the divorce process for either situation, you will want an experienced Kendall County, IL divorce attorney. The The Law Office of Matthew M. Williams, P.C. can help you resolve marital disputes and navigate the trials of divorce. Call the firm at 630-409-8184 to set up an appointment to discuss your situation.