What happens if a collaborative divorce does not work?

Couples seeking a divorce are now looking at alternative methods available to them rather than going through a lengthy litigation process. Collaborative divorce is the newest method of alternative dispute resolution they can choose to end their marriage. The major advantages of collaborative divorce allow both parties to obtain a fair solution in resolving their differences with dignity and respect.

Overview of Collaborative Divorce Process

The collaborative divorce is a voluntary process that begins when the couple signs a participation agreement. This binds the individuals to completing the process with legal representation that advises each party separately. The primary goal is to facilitate dialogue between the parties regarding family issues. Some of the advantages are to:

• Negotiate a mutually acceptable settlement with your partner without having to attend court and allow them to decide the issues.
• Maintain open communication with your spouse while sharing information.
• Create solutions together while taking into account, which are the highest priorities to be resolved.
• Devise effective parenting plans and agreements regarding custody and support of the children.
• Avoid costly and lengthy court appearances and litigation.

The collaborative process is achieved through the use of team-work and various professionals can assist the parents in providing solutions to their problems, such as divorce coaches, financial specialists and child advocates.

When Collaborative Divorce Is Not For You

The collaborative divorce process can break down for a variety of reasons:

• Failure of the attorneys to understand the personalities and dynamics of the couple
• When one spouse refuses to share information in good faith
• If either party has been physically abusive
• Unrealistic expectations may play a role

If either party decides the collaborative process is not working, they can elect to take their case to court. At that time, both collaborative attorneys must withdraw from the case and each individual will need to hire their own legal representation.

You May Need a Family Law Attorney to Sort it Out

After attempting the collaborative divorce process without success, you will need to hire a family law attorney to take your case. Couples who have serious issues that they are unable to resolve should each have their own attorney to represent them in court. They may still be battling it out over money, custody, support issues and who gets the house. Having an experienced lawyer on your side may be the best solution for you.