Can one lawyer practice collaborative divorce if the other side has not signed a participation agreement?
No. It is assumed that the parties will proceed on a collaborative divorce basis only when all lawyers and clients have signed the participation agreement. While it may be a useful strategy for one party to approach another through their collaborative divorce lawyer with a participation agreement already signed, demonstrating a clear intent to seek resolution through non-adversarial means, the Collaborative Divorce Team of the Hudson Valley will not proceed with the collaborative divorce process unless the second spouse agrees to come on board fully.
