Illinois’ New Collaborative Divorce Law

On August 18, 2017, Governor Rauner signed into law Public Act 100-0205 which became the Illinois Collaborative Process Act.  The Act took effect on January 1, 2018 and legislatively authorizes the collaborative divorce practice in Illinois.  The Act is codified at 750 ILCS 90.

Collaborative divorce is a legal process which allows couples who want to end their marriage to work with lawyers, but to avoid the uncertainty and costs of litigation.  Advocates of collaborative divorce argue that the process allows parties to achieve settlement that better meets the specific needs of both parties and, if applicable, their children.

The process is voluntary and no court can order parties to enter the collaborative process.  The process starts when the parties sign an agreement to enter into the collaborative process.  The lawyers who participate in the process are precluded from representing either party in litigation on the same matter.

The collaborative process can be used to facilitate a broad range of family law issues, including divorce, allocation of parenting time and responsibilities, support and pre- and post-nuptial agreements.  If you are interested in the collaborative process, the attorneys at Allison & Mosby-Scott can help.  Please visit our website or call us at 309-662-5084.