Chicago Collaborative Divorce Lawyers
Lead Attorneys & Managing Partners
When a marriage ends, divorce does not have to mean a courtroom battle. A collaborative divorce lawyer in Chicago can help you and your spouse reach a fair, lasting agreement without ever appearing before a judge.
At Anderson Boback & Marshall, our attorneys are trained in the collaborative process and have guided families across Cook, DuPage, Lake, and Will counties through divorce in a way that is dignified, private, and focused on what matters most to each family.
If you and your spouse are willing to work together and communicate honestly, collaborative divorce may allow you to resolve property division, parenting time, spousal support, and other issues on your own terms rather than leaving those decisions to a judge who does not know your family.
What Collaborative Divorce Is in Illinois
In a collaborative divorce, you and your spouse each keep your own attorney and agree, in writing, to settle every issue without going to court. Illinois recognizes the process under the Collaborative Process Act. The process begins when both spouses and their attorneys sign a Participation Agreement confirming their commitment to resolve the case outside court.
If either spouse later decides to go to court, both attorneys step aside and you each start over with new counsel. That is built into the process on purpose. It gives both sides a real stake in working things out.
Collaborative Divorce vs. Mediation
In divorce mediation, one neutral person guides both spouses toward an agreement. That mediator does not represent either spouse. In collaborative divorce, each spouse has their own attorney in the room, protecting their interests while keeping the process cooperative.
Collaborative Divorce vs. Litigation
In divorce litigation, a judge who does not know your family decides your property, parenting time, and support. Collaborative divorce keeps those decisions with you, and a well-built agreement reduces the risk of post-decree disputes later.
Is Collaborative Divorce Right for You?
Collaborative divorce is not the right fit for every couple, and we will be candid with you about that. The difference usually comes down to the situation you are in.
When Collaborative Divorce Works Well
- You both want to shield your children from a drawn-out fight
- You share significant assets, a business, or complex finances
- Privacy matters and you want your finances kept out of the public record
- You want more say in the outcome than a judge can give you
- You want to keep a working co-parenting relationship
When Collaborative Divorce Is Not the Right Fit
- There is a history of domestic violence or a real power imbalance
- One spouse is hiding assets or has been financially dishonest
- One spouse will not negotiate in good faith
- You need a court to step in quickly, such as for an emergency order of protection
If you are not sure where your situation falls, we will give you a straight assessment. Because we also handle mediation and litigation, we can point you to the right process even when it is not this one.
Benefits of Collaborative Divorce in Illinois
For couples who can work together, collaborative divorce offers real advantages over a courtroom fight. Here is what our clients tend to value most.
| Benefit | What it means for you |
|---|---|
| Lower cost | Fewer court filings and no trial preparation. Sharing neutral professionals costs less than each side hiring separate experts. |
| Faster resolution | You set the pace, not a court docket, so collaborative cases often resolve faster than contested litigation when both spouses participate in good faith. |
| Privacy | Meetings are private. Sensitive financial and family details stay out of the public court record. |
| Control | You and your spouse make the decisions, so the outcome fits your family instead of a standard court order. |
| Better co-parenting | The cooperative tone helps you build communication that keeps working after the divorce is final. |
| Durable agreements | Because both spouses helped shape the settlement, the final agreement may be easier to follow and less likely to lead to future disputes. |
Who Is Involved in a Collaborative Divorce?
Each spouse has their own collaborative divorce attorney. Depending on the case, the team may also include a shared financial neutral, divorce coach, or child specialist.
A financial neutral can help value assets, review income, and model settlement options. A divorce coach can help keep communication productive. A child specialist can help parents focus on the children’s needs without placing the children in the middle.
Protecting Privacy and Complex Assets in Divorce
Collaborative divorce fits complex finances especially well. When the estate includes real estate, retirement accounts, investment portfolios, stock options, or a closely held business, getting the valuation right matters, and the negotiation stays private. This works when both spouses commit to full, honest financial disclosure, which is the foundation the entire process depends on.
Keeping Financial Records Private
Many high-asset couples want financial details and business valuations kept private. Collaborative meetings are confidential, and sensitive financial information can often be exchanged and resolved without becoming part of a public court dispute.
Collaborative Divorce for Business Owners
When you own a business, litigation can create pressure around financial records, valuation disputes, employees, partners, and cash flow. Collaboration keeps those discussions private and leaves room for practical solutions, such as a structured buyout or phased payment arrangement.
Valuing Complex Assets With a Shared Neutral
When the finances are complicated, you and your spouse work with one shared financial professional instead of each hiring your own. That means one set of numbers both sides trust, rather than two experts arguing over business valuation or the worth of an investment account, which saves time and money and keeps the focus on a fair result.
How the Collaborative Divorce Process Works
Here is what to expect, step by step.
- Meet and confirm fit. You meet with a collaborative attorney to make sure the process suits your situation.
- Sign the participation agreement. You, your spouse, and both attorneys agree in writing to settle out of court and share information openly.
- Build your team. If your case needs it, you add a shared financial neutral, a divorce coach, or a child specialist.
- Share financial information. Both of you disclose income, assets, and debts, which replaces the adversarial discovery used in court.
- Meet and negotiate. You meet together, with your attorneys, to work through each issue at a pace you set.
- Finalize the agreement. Your attorneys put the settlement in writing and submit it to the court for approval.
Collaborative Divorce When Children Are Involved
How a divorce is handled stays with children. A courtroom fight can lock in rigid parenting arrangements that do not fit your family. Collaboration lets you build the parenting plan around your children, with a child specialist when it helps. It also helps you both build the communication that co-parenting depends on. Children do better when their parents can keep a respectful working relationship, and the process is built for that.Why Families Choose Anderson Boback & Marshall
Collaborative divorce works only when both spouses can be honest and financial disclosure is complete. Before we recommend it, we test your case against that bar, and we are able to give you a straight answer because we are not limited to one process. We handle collaborative divorce, mediation, and litigation, along with spousal support and property matters. If collaborative divorce fits, we guide you through it. If it does not, we tell you, and we handle whatever path protects you. We also know what makes a divorce complicated. Business interests, real estate, retirement accounts, parenting schedules, and support all take careful handling, and a cooperative process still needs strong legal judgment. Collaborative divorce should lower the conflict, not leave you exposed, so we help you use it while protecting your finances, your children, and your stability for the long term. We serve clients across Cook, DuPage, Lake, and Will counties from our Chicago Loop and Northbrook offices.Choosing a Path That Protects Your Future
Divorce is one of the hardest chapters a person goes through, and you should not have to navigate it alone. Whatever path turns out to be right for you, our work is to handle what is in front of you so you can focus on the life you are building next. If you are considering collaborative divorce, we will help you decide whether it is the right fit for your family.Frequently Asked Questions About Collaborative Divorce in Chicago, Illinois
Do both spouses have to agree to collaborative divorce?
Yes. It is voluntary. Both of you have to choose it and sign the agreement before it starts. If your spouse prefers court, the case goes the traditional route instead.
What is a Participation Agreement in collaborative divorce?
A Participation Agreement is the written agreement signed by both spouses and their collaborative attorneys at the start of the process. It confirms that everyone is committed to resolving the divorce outside court, sharing information honestly, and working toward settlement. If either spouse later chooses litigation, both collaborative attorneys must withdraw.
What happens if my spouse refuses collaborative divorce?
Then the collaborative process cannot move forward, and we would talk with you about mediation or litigation instead. We will walk you through what each path would mean for your situation.
Do I still have my own attorney in a collaborative divorce?
Yes. You each have your own collaborative attorney throughout, so you always understand your rights and any agreement reflects what you actually need.
What is the downside, and what happens if it breaks down?
If the process ends and either spouse moves to court, both collaborative attorneys withdraw and each of you retains new counsel, which adds time and cost. That consequence is deliberate. It is part of what keeps couples working toward an agreement. Collaborative divorce is also not the right path where there is domestic violence, hidden assets, or a serious power imbalance, and we will tell you so before you start.
Does collaborative divorce work when we have children?
Often, yes. It keeps communication open and lets you build a parenting plan together, frequently with a child specialist, which tends to lower the conflict and stress children feel.
What is the downside, and what happens if it breaks down?
If the process ends and either spouse moves to court, both collaborative attorneys withdraw and each of you retains new counsel, which adds time and cost. That consequence is deliberate. It is part of what keeps couples working toward an agreement. Collaborative divorce is also not the right path where there is domestic violence, hidden assets, or a serious power imbalance, and we will tell you so before you start.
Does collaborative divorce work when we have children?
Often, yes. It keeps communication open and lets you build a parenting plan together, frequently with a child specialist, which tends to lower the conflict and stress children feel.
How long does a collaborative divorce take in Illinois?
Is collaborative divorce cheaper than going to court?
Can collaborative divorce work with a business or complex assets?
Which Illinois counties does Anderson Boback & Marshall serve?
