Arlington Heights Collaborative Divorce Attorneys

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Frequently Asked Questions

What happens if my spouse and I cannot reach agreement during a collaborative divorce in Arlington Heights?

Either of you can end the process, with or without a reason.^[3] When it ends, both collaborative attorneys and their firms withdraw, and each of you hires new counsel to take the unresolved issues to court. That is why the decision to start should be made carefully, with a clear sense of whether both of you are really committed to settling.

Does a collaborative divorce happen outside of court in Arlington Heights?

The negotiating does. Meetings happen around a table, not in a courtroom. If a case has already been filed, you can still sign a participation agreement, and filing notice of it asks the court to pause the case while the process runs.^[4] In Cook County, your attorneys then petition to move the case to the court’s collaborative process calendar, where it stays on hold, with a status check at least once a year.^[5]

Once you reach an agreement, it still has to go to court for approval before it becomes enforceable.^[6] Your collaborative attorney can present it, and in Cook County that happens at an uncontested prove-up, either at the Rolling Meadows Courthouse, which serves the Third Municipal District, or at the Daley Center downtown.

Is what we say in collaborative meetings confidential?

In court, largely yes. The Collaborative Process Act makes communications in the process privileged, so as a general rule they cannot be obtained in discovery or used as evidence in a later court case.^[7] Whether they stay private outside of court is a separate question. That depends on what the two of you agree to in writing, which is why confidentiality terms belong in your participation agreement. The privilege also has exceptions, including threats of violence, communications used to plan or hide a crime, and evidence of child or adult abuse or neglect, and the parties can agree in writing that some or all of the process is not privileged.

Is collaborative divorce right for us?

It tends to work when both of you want to settle, will share complete financial information, and can negotiate face to face even when it is uncomfortable. It is not the right fit if there is a safety concern or a spouse who will not be honest about money. In those cases, a contested approach with your own advocate protects you better. Illinois law also takes the process off the table for issues tied to a pending juvenile court case, an investigation by the Department of Children and Family Services, or an open DCFS case.^[8]

What should I ask a collaborative divorce lawyer before hiring one?

Ask whether they have completed collaborative law training, how often they handle collaborative cases, and whether they work with neutral financial and child professionals. Ask what happens to your fee if the process ends early, since your collaborative attorney cannot follow you into litigation. And ask how they decide whether a case is a good fit, because a lawyer who says yes to everyone is not screening for you.