Collaborative divorce can be a great way to resolve differences as your marriage is ending, but what if it ultimately fails? Knowing what to do next in your Illinois divorce is critical to protecting your legal rights and those of any children. Knowing what steps to take next can be incredibly helpful.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We can help you with collaborative divorce, or with the case after collaborative divorce has failed.
Why Collaborative Divorce Breaks Down
In a collaborative divorce, both spouses are supposed to work together. This requires a willingness to openly communicate and to do so in good faith. The process might fall apart for several reasons:
Collaborative divorce depends on both spouses committing to open communication and good‑faith negotiation. The process can fail for several reasons:
- One spouse becomes unwilling to compromise.
- Financial disclosures are incomplete.
- A major disagreement arises over parenting time, support, or property division.
- A spouse feels pressured or unsafe continuing the process.
- Outside influences like new relationships, family members, or financial stress disrupt progress.
Once the collaborative process stops functioning, Illinois law requires a shift in approach.
The Participation Agreement Ends
Every collaborative divorce in Illinois begins with a signed participation agreement. This contract states that both spouses and their attorneys agree to resolve issues outside of court. If the process fails, the participation agreement terminates. This triggers several consequences:
- Collaborative attorneys must withdraw
- Neutral professionals may also withdraw
- You must hire new counsel for litigation
This transition can feel a bit shocking, but it is a normal part of the process.
The Case Moves to Traditional Litigation
Once collaborative divorce ends, the case shifts into the standard Illinois divorce system. This means:
- Filing or updating pleadings in the circuit court
- Attending case management conferences
- Participating in discovery
- Preparing for hearings on temporary issues such as parenting time, child support, or exclusive possession of the home.
- Negotiating as the case progresses
Litigation doesn’t mean the case has to go all the way to trial. Many cases still settle prior to a trial with the help of an experienced lawyer.
What Happens to Information Shared During Collaboration
People often ask what happens with the information you shared during your collaborative divorce. In Illinois:
- Financial documents provided during collaboration can typically be reused, because they are required disclosures in any divorce.
- Statements made during collaborative meetings are considered settlement talks, and are not admissible as evidence in court.
- Neutral professional reports may or may not be used, depending on the type of report and whether both spouses agree.
Impact on Cost and Timeline
When collaborative divorce fails, the divorce often becomes more expensive and time‑consuming. Reasons include:
- Hiring new attorneys.
- Repeating parts of the discovery process.
- Scheduling court hearings and complying with judicial deadlines.
- Increased conflict leading to more attorney involvement.
Can You Return to Collaboration or Mediation?
Even after collaborative divorce fails, Illinois spouses are not locked into litigation. You may still:
- Re‑enter negotiation with your new attorneys.
- Attend mediation through the court or privately.
- Reach a settlement at any point before trial.
Protecting Yourself After Collaborative Divorce Ends
If the collaborative divorce didn’t work out, you might do the following:
- Hire an Illinois family law attorney experienced in litigation.
- Gather and organize your financial documents.
- Clarify your goals for parenting time, support, and property division.
- Stay open to settlement options as the case moves forward.
Know What To Do Next if Collaborative Divorce Fails
Illinois encourages the use of collaborative divorce processes when possible, but they don’t always work. When things fall through, you need an attorney that is ready for the next steps in your case.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.