Collaborative divorce, a new trend in divorces, emphasizes both spouses working together to come to an amicable end to the marriage rather than going through the traditional adversarial process in the court system. Collaborative divorce has various advantages. It can be faster. It decreases conflicts. And, according to US News, it can save parties thousands of dollars over the course of the divorce. However, despite these benefits, collaborative divorce is not always the right option for everyone. Therefore, understanding who can best profit from this divorce model can help make the entire process easier.

Who Benefits from Collaborative Divorce?

Collaborative divorce has several meanings. These can range from the use of a professional mediator to work out the specifics of the divorce, to the use of lawyers specially trained in negotiating settlements. However, the success of all these methods has one thing in common: they require parties that are on good enough terms that they can actually collaborate. This requirement concerns some people who fear they will be unable to work with their spouses well enough to succeed at collaborative divorce.

Anyone who has watched Law and Order or another similar show is familiar with phrases like “innocent until proven guilty,” and “prove beyond a reasonable doubt.” These phrases refer to the burden of proof in criminal cases. They instruct the lawyers as to who has to prove something and how convincingly they have to prove it. Divorce cases also have burdens of proof, but since it is not a criminal court they operate slightly differently.

What Is a Burden of Proof?

A burden of proof is a legal rule that sets the standard for how a person must prove a fact to be true in court. The burden has two components: who has to prove the fact and how convincingly they have to prove it. Both of these components depend on exactly what type of fact the parties are trying to prove.

For a long time, social scientists held a common belief that living together before marriage was a strong predictor of divorce. However, new research from the University of North Carolina at Greensboro casts doubt on that idea. Past studies compared divorce rates based on the age at which the spouses married, and found a significant increase in divorce rates among couples who cohabitated prior to getting married. This study’s author believed that this was the wrong way to go about measuring things. Instead, she opted to compare couples based on the age that they began living together, regardless of when they got married.

 What the Study Found

 The UNCG study found that if the researchers compared couples by their age of cohabitation, their divorce risks were equal regardless of whether they were living together before marriage. This is because many couples who move in together begin to “act married,” regardless of whether there has been an official ceremony. The study also did confirm another common belief that couples that pair up earlier have a higher likelihood of divorce. In fact, divorce rates drop by as much as 25 percent for people who cohabitate in their mid-twenties as compared to those who begin living together at 18.

A new bill currently making its way through the Illinois legislature could have a big impact on how judges assign visitation rights. The bill, HB 5425, recently made its way out of committee and is now headed to the floor of the Illinois House of Representatives for debate. At present the bill’s chances of passing are still unclear. Its sponsor has agreed to refrain from calling for a vote in light of a family law overhaul bill that has been waiting for a vote since 2012, but that may change if the omnibus bill stalls for much longer.

 The Bill’s Provisions

 If HB 5425 does make it into law, it could have a profound effect on the way judges handle visitation for non-custodial parents. The first portion of the bill gives parents a 90-day window to produce their own, mutually-agreeable parenting plan. If the parents cannot agree, then the bill gives the court the power to make visitation decisions.

One of the hardest parts about going through a divorce is handling the daily stress that comes with it. While many people think of stress as a purely mental issue, it can also cause physical health problems. One divorce counselor has even compiled a Divorce-Stress scale to help people assess specific risk factors.

Of course, staying in an unhealthy marriage can also cause significant stress, so often people’s best option can be to move forward with a divorce and learn to manage the stress associated with it. Some of the best strategies include reaching out to a support network, staying active, and seeking help from a therapist.

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