What happens if agreement cannot be reached and one or both parties want a conventional divorce?
The parties and attorneys are bound by the Collaborative Participation Agreement that they will not go to Court over any contested issue. If agreement cannot be reached, the Collaborative attorneys may suggest bringing in a mediator or other professionals to facilitate settlement. However, if one or both parties wish to discontinue the collaborative process, both attorneys are legally obligated to withdraw from representing their clients. This means that both parties have an incentive to settle their case collaboratively in order to avoid having to hire new attorneys and begin a traditional, litigated divorce through the court system, adding time and expense to the divorce.
Related Questions
- What happens to the non-working ex-spouse (when the parties were previously married for 10 years or more) if, after the divorce, the other spouse dies before turning age 65?
- Whether the parties who are seeking a divorce in Virginia have reached an agreement as to alimony (spousal support) if any?
- What happens if the National Mediation Board is unable to help the parties reach an agreement?
