Who is Involved in a Collaborative Divorce?

 Posted on October 19, 2026 in Family Law

Not every divorce has to involve disagreements turning into intense court battles. In a collaborative divorce, both spouses work with their own attorneys and other professionals to address the family’s needs.

This team helps the spouses negotiate a settlement rather than ask a judge to resolve their disputes. If you are considering a collaborative divorce in 2026, our DuPage County, IL divorce attorneys will explain who should be involved and what to expect.

What Does Each Attorney Do in an Illinois Collaborative Divorce?

Each spouse has a separate lawyer who provides legal advice and protects that spouse’s interests. Your lawyer explains your rights, reviews settlement proposals, and helps you understand what you would be agreeing to.

Under 750 ILCS 90/15, the written participation agreement must identify each spouse’s lawyer and include each lawyer’s confirmation of representation. It also sets out the issues the spouses intend to resolve through the process.

Working together does not mean the attorneys stop advocating for their clients. They focus on finding workable solutions while making sure each spouse understands the legal and financial effects of those choices.

How Does a Financial Professional Help With a Collaborative Divorce in Illinois?

A neutral financial professional helps both spouses understand their finances and compare possible settlements. This person does not advocate for one spouse over the other.

Their work often includes:

• Organizing records of assets and debts
• Preparing budgets for two separate households
• Comparing the tax effects of proposed property divisions
• Reviewing retirement accounts and future financial needs

Suppose you are thinking of keeping the marital home. A financial professional helps you assess whether that choice fits your budget after divorce.

Some cases also need a separate professional to value a business or another complex asset. The team should explain who will perform that work and what it will cost before proceeding.

What Does an Illinois Divorce Coach Do During the Collaborative Process?

A divorce coach helps spouses manage emotions that interfere with settlement discussions. Coaches often have a mental health background, but their role here focuses on communication and decision-making during the divorce.

For example, a conversation about selling the house might turn into an argument about past spending. The coach helps identify the concern behind the disagreement and brings the discussion back to the decision at hand.

The coach also helps spouses prepare for meetings and express their needs clearly. They do not provide legal advice or decide who should receive a particular asset. Their work supports productive discussions so the spouses are better able to make those decisions.

Who Helps Address Children’s Needs in a Collaborative Divorce?

A neutral child-focused professional helps parents understand how divorce is affecting their children. This person is often called a child specialist and has training in child development and family relationships.

They meet with the parents and, when appropriate, the children to learn about the family’s needs. Their input helps parents discuss parenting time and parental responsibilities without asking the children to choose sides. They do not issue a binding parenting decision. The parents work toward an agreement for court approval.

Does Every Illinois Collaborative Divorce Need the Same Team?

The team should reflect the issues you need to resolve. Not every couple needs every type of professional, and each person’s role should be clear before work begins.

Spouses with straightforward finances might need less financial help than a couple dividing a business. Parents facing difficult communication about their children might benefit from more support with co-parenting.

Discuss fees and meeting arrangements at the outset. Ask whether each professional needs to attend every meeting or only those involving their work. This helps you understand the proposed costs and avoid paying for services your case does not need.

What Happens if the Collaborative Process Fails?

If you cannot reach an agreement through the collaborative process, you still have the right to pursue your divorce in court. A judge will decide any issues you and your spouse cannot settle.

Additionally, the participation agreement may require both spouses to discharge their collaborative lawyers and law firms if the process fails. This means you may need new attorneys to represent you in contested court proceedings.

This commitment gives everyone a reason to work seriously toward settlement. Before signing, understand the cost and time involved in hiring new counsel if negotiations break down.

Contact a DuPage County, IL Collaborative Divorce Lawyer

Choosing a divorce process also means choosing the people who will help you through it. MKFM Law serves family law clients from our offices located in DuPage, Kane and DeKalb Counties. Our attorneys will explain the collaborative approach and help you assess whether it fits your goals.

Contact our Wheaton, IL divorce attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC or call 630-665-7300 to schedule an initial attorney meeting.