5 Signs an Illinois Collaborative Divorce is Right for You

Posted by Erin Birt | Jun 27, 2022 | 0 Comments

5 Signs an Illinois Collaborative Divorce is Right for You

Divorce is common, but each situation is unique. At the Law Office of Erin N Birt, we pride ourselves on offering modern legal options for divorcing couples, including collaborative divorce services.

An Illinois collaborative divorce is an approach in which the divorcing couple commits to working together to resolve their disputes rather than taking an adversarial me vs. you approach. In a collaborative divorce, attorneys act as legal guides and help the divorcing couple reach a consensus through cooperation and civil negotiation.

Sound like the kind of Illinois divorce you're interested in? The following are five signs that an Illinois collaborative divorce is right for you.

1. You and Your Spouse Respect Each Other But Want a Divorce

If you and your spouse still respect each other (and maybe even consider each other friends) but just want a divorce, an Illinois collaborative divorce is likely to be a good fit for you. In contrast, if you or your spouse isn't yet committed to getting divorced or if you cannot stand being around each other, a collaborative divorce won't be a great fit.

2. You Want to Reach a Mutually Agreed Upon Resolution

If the idea of winning and losing in a divorce makes you cringe, a collaborative divorce might be right for you. Unlike a litigated divorce, where the court makes decisions for you, this approach helps you and your spouse reach your own mutually agreed-upon decisions.

While you and your spouse may have already reached an informal agreement on a few issues, it is not necessary to have everything perfectly outlined yet. Your collaborative divorce attorneys and other professionals will help you through the process of determining what needs to be decided and then reaching a mutually agreed-upon decision. The key is that you come in with a cooperative mindset and a willingness to share openly.

3. You Want to Start Co-Parenting Off on the Right Foot

Divorcing with children means the other spouse will be in your life for years to come. As co-parents, you'll need to work together to coordinate time-sharing and decisions regarding your children and will continue to see each other.

A collaborative divorce is a great way to start a co-parenting relationship. It is less contentious than a court-litigated divorce, which means you and your spouse will leave it with better feelings towards each other. It's also better for children who are damaged when they witness their parents fighting.

The collaborative approach to divorce also gives you experience working with your spouse to problem solve, something you'll need to do often as co-parents. In short, it helps set you and your spouse up to work together as a team to raise your children.

4. You Want to Stay Out of Court

While an Illinois family law judge will eventually sign off on some of the agreements reached, the collaborative divorce process otherwise takes place out of court. This has several benefits.

For one, Illinois collaborative divorce is generally less expensive than divorce litigation. Additionally, you and your spouse, not the court, get to set the timelines for the divorce, including when you will meet to discuss it. Finally, because it occurs out of court, collaborative divorce is more private and keeps the details of a dispute out of the public record.

5. You Want Your Attorney to Help You but Not Hurt Your Spouse

Your attorney approaches the case with the goal of collaboration in mind. They will still advocate on your behalf but won't try to intimidate or bully your spouse into a certain outcome. If having an attorney that will help you but not aim to hurt your spouse in the process, an Illinois collaborative divorce is likely a good fit for you since that is the goal!

Birt Law Can Help with Your Collaborative Divorce

Attorney Erin N Birt is trained and experienced in representing clients in collaborative divorces. If you are interested in taking a collaborative approach to your Illinois divorce, contact us today here or at (630) 891-2478.

For those who understandably want to minimize in-person contact due to safety concerns or time constraints, we can provide virtual legal services by using phone, text, online chat, and video conferencing when working with our law firm.





About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


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Family Centered Divorce ∙ Mediation ∙ Co-Parenting

Birt Family Law is the family centered law and mediation practice with a focus on Restorative Divorce; offering creative and supportive legal and mediation solutions with one goal: keeping the separating family out of court and working together towards a positive resolution.

We offer multiple options to achieve this goal including mediation, coaching, co-parenting strategies, and restorative divorce services. 

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Birt Family Law is committed to keeping the separating family out of court and working together towards a positive resolution.