If an Agreement Can't Be Reached through Collaborative Divorce

If you agree to handle your divorce case through the collaborative process, you may be wondering what will happen if you cannot reach an agreement through the collaborative proceedings. In many collaborative cases, the parties are able to come to an agreement about all aspects of their case; however, there are some cases in which agreement cannot be reached as to one or more issues in the divorce. At this point, alternative proceedings may be employed.

The Collaborative Process

A collaborative divorce is a way of going through divorce without going to court. It allows the spouses to retain control over their proceedings and come to an agreement by working together, with their attorneys to divide assets, settle disputes, create child custody arrangements and come to child and spousal support settlements. It can be less expensive and less time consuming than divorce court. Sometimes, even though parties try to resolve their divorce through the collaborative process, they are unable to come to an agreement. After the parties have given the process sufficient time, they may seek assistance of the court in handling their dispute.

What Happens When Collaboration Fails?

The court will take over your case, but you will have to seek new attorneys because the attorneys who agreed to conduct your divorce through collaboration signed an agreement stating that they would not participate if the case went to court. This may seem like a pain, but it is an integral part of making the collaborative process successful because parties will be more motivated to make things work if they know of the hassle they will face if they do not.

Once you have both hired new lawyers, you will have to start the whole process of divorce court. You will appear before the judge in a trial to present your cases and propose a settlement. At the end of the proceedings, the judge will make decisions based on the facts you have presented and finalize your settlement and divorce.

Getting Legal Help

If you are considering divorce, consult with a family law attorney about the best process for dealing with your situation. An attorney can advise you of your options and give you advice about your divorce. Some people try to navigate divorce without an attorney because they are worried about finances. Hiring an attorney to handle your divorce will be some of the wisest money you have ever spent. Protect your future by hiring an attorney today.