Illinois couples now option for collaborative divorce

By Stephanie Racine, Staff Writer

On Jan. 24, the Jenner & Block firm hosted a celebration of the passage of the Collaborative Process Act in Illinois a year prior. Collaborative law professionals met to honor their work in the advancement of collaborative law in Illinois and Chicago.

Divorce may not be easy, but in Illinois, the process can be less burdensome when couples use collaborative divorce.

Collaborative divorce is different from litigation and mediation. Through the process, a team of professionals trained in collaborative law, including attorneys and divorce coaches, come to an agreement outside of court. A judge ultimately signs off on the agreement, but the focus is not the amount each party can get.

“It is an interest-based process and focuses on the goals of each individual,” collaborative attorney and mediator Rita Ghose said. The goal is not necessarily what the parties are entitled to legally, but is about what is most important to each side.

“Each party signs an agreement that is binding to commit themselves to the collaborative process and not bring it to court,” Ghose said. If one of the parties decides to break the agreement and litigate, new attorneys must be hired. The entire process is private and not a part of public record.

“We have been working on collaborative law in Illinois for about seven or eight years,” attorney Carlton Marcyon said. The process has been law for just over a year and advocates say it’s working out well.  

“Collaborative law is beneficial to litigants, it’s faster, less costly, and there’s less consternation between parties,” Marcyon said.

The collaborative law process can often lead to better communication between spouses and can be better for any co-parenting endeavors, according to Marcyon.

“The collaborative process is the most supportive way to go through a divorce,” divorce advisor Karen Covy said. “Everyone is on the same page to serve your goals, not the attorney’s goals.”

To learn more about collaborative law, visit collablawil.org

Published on March 15, 2019

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