What is Collaborative Divorce, and When is it a Good Option?

 Posted on January 15, 2026 in Divorce

If you are considering ending your marriage in 2026, you may wonder what options you have besides stressful, public courtroom trials. One option is something called "collaborative divorce." Collaborative divorce gives couples a way to end their marriage with less conflict and without going to court. This often also means saving money.  A Hinsdale, IL divorce attorney can help you understand whether this approach might work for your situation.

What is Collaborative Divorce?

Collaborative divorce is a way for couples to work together to settle their own divorce without going to trial. Both spouses hire specially trained lawyers and sign an agreement promising not to go to court. Everyone commits to being honest, sharing information openly, and focusing on solutions that work for the whole family, including the spouse they are divorcing.

The key feature of collaborative divorce is that if the process fails and the case goes to court, both lawyers must withdraw from the entire process. The couple must hire new attorneys to represent them. The cost and inconvenience of this encourage everyone to really work together to reach a settlement.

What are the Benefits of Collaborative Divorce?

Lower Cost

Going to trial is expensive. Lawyers must spend time preparing evidence, taking depositions, and arguing your case. When you work collaboratively for a settlement, you save money on these costs. Your lawyer focuses on negotiation with your spouse instead of courtroom preparation.

More Control

When a judge decides your case, you give up control over the outcome. In collaborative divorce, you and your spouse make the decisions. This means you can find solutions that work for your unique situation.

Privacy

Court proceedings are public record, so anyone can see what happens in your trial. Collaborative divorce keeps your personal and financial information private.

Collaborative divorce can also be a good option if you or your spouse is a professional like a doctor or lawyer, or has complex financial holdings. During the collaboration process, you can bring in many types of professionals to advise you on finances and what will be best for your children.

When is Collaborative Divorce a Good Option in Illinois?

Collaborative divorce works best when:

• Both spouses are willing to communicate honestly and respectfully.

• Neither spouse is hiding assets or income.

• Both people want to avoid the time and expense of going to court.

• Both spouses are willing to compromise.

• There is no history of domestic violence or abuse.

This approach is especially helpful for couples who want to have a working relationship after divorce, i.e., for coparenting.

Collaborative Divorce vs. Cooperative Divorce

There is also something called "cooperative divorce." This is like the middle ground between collaborative divorce and traditional divorce. In a cooperative divorce, if the settlement process outside the courtroom fails, spouses do not have to hire new lawyers. This can make it cheaper if you do end up having to go to court, but it does not encourage couples to make as much effort to work things out themselves.

What if Collaborative Divorce Does Not Work?

Not every case can be settled out of court. Sometimes one spouse refuses to be honest about finances. Other times, the disagreements are too deep to bridge through negotiation.

If the collaborative process fails, you will need to hire new lawyers under the terms of the collaborative agreement. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401), your case can then move forward through traditional litigation.

While starting over with new attorneys takes time and money, many couples find that trying collaborative divorce first is worth it. The process often helps clear up the real issues, which can make litigation easier later.

Call a Wheaton, IL Divorce Lawyer Today

Deciding how to approach your divorce is an important choice. Collaborative divorce might be a great option for you, but it depends on your situation and goals.

At Roberts PC, we work with clients who want clear communication and direct access to their attorney. Every client receives our attorney's cell phone number and email address. We handle larger cases for business owners, professionals, doctors, lawyers, judges, and others. Our Hinsdale family law lawyer will work hard to settle your case and save you money, but we are fully prepared to take your case to trial if settlement is not possible.

Contact Roberts PC today at 630-668-4211 to schedule your free consultation.