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Simplify property division with a collaborative divorce

On Behalf of | Oct 27, 2016 | Property Division |

Some couples who are divorcing in Illinois do not want to drag things out and get into a huge legal battle over marital property. While property division can be a point of contention and consume a lot of time, it does not have to be that way. Those who want to minimize the hassle of property division may benefit from a collaborative divorce.

The American Bar Association defines collaborative divorce as one that does not require a court battle. Instead, it encourages the couple to work together and negotiate the terms of their divorce without the need for someone else to rule on who gets what. Lawyers are present to offer support and answer any legal questions rather than acting as representatives and fighting for their clients.

Based on that definition, it is easy to see how property division may be simplified for those who are able to choose this route. In a collaborative divorce, the division of property is negotiated and agreed upon. The spouses discuss what they each want, and then work toward a resolution they can agree on.

The biggest drawback to this type of divorce situation, according to U.S. News & World Report, is that it is not a viable solution for every couple. It must be looked at on a case-by-case basis. If a couple has been argumentative and unable to talk to each other, then this approach may not work. However, if they have kept the lines of communication open and can still work together, then they may find this to be a good solution. In addition, if a couple already has a pretty good idea of who gets what, then a collaborative divorce may work much better than in a situation where they both have their hearts set on leaving the marriage with the same shared possessions.


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