Collaborative divorce is a voluntary, out-of-court process recognized by the Illinois Collaborative Process Act (750 ILCS 90/). Both spouses and their attorneys sign a participation agreement committing to resolve every issue by negotiation rather than litigation, often with neutral financial or mental-health professionals on the team. It keeps decisions in the couple’s hands and the details out of open court.
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Reviewed by James J. Teich, Founding Partner
Collaborative Divorce & Mediation Lawyers in Chicago
For many couples, the hardest part of divorce is the fear that it has to be a war. It does not. Collaborative divorce and mediation are two ways to end a marriage outside the courtroom — privately, respectfully, and on terms you help set. In a collaborative divorce, governed by the Illinois Collaborative Process Act (750 ILCS 90/), each spouse has their own attorney and everyone signs a participation agreement committing to resolve every issue by agreement rather than litigation. In mediation, a single neutral mediator helps both spouses reach their own agreement. Both keep the decisions — about your children, your finances, your future — in your hands rather than a judge’s.
The Women’s Divorce & Family Law Group by Haid and Teich LLP guides women through both collaborative divorce and mediation across Chicagoland. James J. Teich, one of the firm’s founding partners, brings what these cases specifically call for: the credibility of an experienced trial litigator combined with training in alternative dispute resolution. That balance matters — the most effective collaborative and mediation advocates are the ones who could win in a courtroom but are working, by design, to keep you out of one.
There is a calmer, more private path through divorce. Talk with a Chicago collaborative divorce lawyer in a free, confidential consultation — call 312-445-8830.
What is collaborative divorce in Illinois?
Collaborative divorce is a voluntary process, recognized by the Illinois Collaborative Process Act (750 ILCS 90/), in which both spouses and their attorneys sign a participation agreement (750 ILCS 90/15) committing to settle every issue out of court. The team can include neutral financial and mental-health professionals. No court can order you into it — it begins only when both spouses choose it.
How is collaborative divorce different from mediation?
In mediation, one neutral mediator helps both spouses talk through and reach their own agreement; the mediator does not represent either side or give legal advice. In collaborative divorce, each spouse has their own attorney present at every session, advocating for them, often alongside neutral financial or child specialists. Mediation is lighter-touch; collaborative divorce offers each spouse dedicated representation while still avoiding court.
What happens if a collaborative divorce doesn’t work?
This is the feature that makes collaborative divorce work. Under 750 ILCS 90/30, if the process breaks down and either spouse chooses to litigate, both collaborative attorneys must withdraw, and each spouse hires new counsel for court. That built-in consequence gives everyone at the table — spouses and attorneys alike — a genuine stake in reaching an agreement rather than posturing toward a trial.
Is collaborative divorce confidential?
Yes, and this is one of its strongest advantages. Under 750 ILCS 90/14, communications made during the collaborative process are privileged — they cannot be used later in litigation if the process ends. Sessions happen in private, not in open court, and the financial and personal details stay out of the public record. For anyone concerned about privacy, that protection is significant.
Is collaborative divorce a good option in a high-asset case?
Often, yes. High-asset divorces benefit from exactly what the collaborative process offers: privacy, discretion, and the ability to bring in neutral financial experts to value a business or complex assets without a public court fight. It lets both spouses protect confidential financial information and craft tailored solutions. See our high net worth divorce practice.
Does Illinois ever require mediation?
Yes, in one common situation. Under 750 ILCS 5/602.10, when parents cannot agree on a parenting plan, Illinois courts order them to mediation to try to resolve it — unless an impediment such as domestic violence makes mediation inappropriate. This is court-ordered parenting mediation, separate from the voluntary collaborative process, and we prepare and represent mothers through it.
Related: High Net Worth Divorce · Chicago Divorce · Custody & Parental Responsibilities · Prenuptial & Postnuptial Agreements
If you want to divorce without going to war, we can help you find the right path. Free, confidential consultation.
Frequently Asked Questions
- What is the difference between collaborative divorce and mediation?
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In mediation, a single neutral mediator facilitates the couple’s own negotiation and cannot give either spouse legal advice. In collaborative divorce, each spouse has their own attorney at the table advocating for them, plus any needed neutral experts. Both avoid a courtroom, but collaborative divorce gives each spouse dedicated legal representation throughout, while mediation relies on one neutral.
- What happens if collaborative divorce fails in Illinois?
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Under 750 ILCS 90/30, if the collaborative process breaks down and a spouse decides to go to court, both collaborative attorneys must withdraw from the case, and each spouse retains new litigation counsel. This disqualification rule is intentional: it gives everyone a real incentive to reach agreement, because no one can simply threaten to “take it to court” with the same lawyer.
- Is collaborative divorce private?
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Yes. Under 750 ILCS 90/14, communications during the collaborative process are privileged and cannot be used later in litigation if the process ends. Sessions are held privately rather than in open court, so sensitive financial and personal information stays out of the public record. This confidentiality is one of the main reasons couples with privacy concerns choose the collaborative approach.
- Is mediation or collaborative divorce cheaper than going to court?
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Usually, yes. Both avoid formal discovery, motion practice, and courtroom time, which are the largest drivers of cost in a litigated divorce. Collaborative divorce and mediation also tend to resolve faster — many cases finish in a few months — and let the couple control the pace. The exact cost depends on the complexity of the assets and parenting issues involved.
- Do we each need our own lawyer for collaborative divorce?
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Yes. Collaborative divorce is built around each spouse having their own collaboratively trained attorney who attends every session and advocates for their interests. This is a key difference from mediation, where a single neutral serves both parties. Having your own attorney means your rights and priorities are protected throughout, even as both sides work toward a settlement.
- Can collaborative divorce handle a business or complex assets?
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Yes. The collaborative process is well suited to complex finances because it allows the couple to jointly retain neutral financial experts — such as a business valuator or forensic accountant — to value a company or untangle complex holdings privately, rather than through competing experts in a public trial. It combines financial rigor with discretion.
- Can I be forced into mediation in Illinois?
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Only for parenting disputes. Under 750 ILCS 5/602.10, if you and the other parent cannot agree on a parenting plan, the court will order mediation to try to resolve it, unless something like domestic violence makes it inappropriate. Collaborative divorce, by contrast, is entirely voluntary — no court can order you into the collaborative process.
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