What happens if agreement cannot be reached and one or both parties want to pursue a Court battle?
A. The spouses and collaborative family law lawyers are bound by a written pledge not to go to Court. If agreement can’t be reached, collaborative family law lawyers may suggest bringing in mediators to facilitate a settlement. However, if one or both parties wish to litigate, both collaborative family law lawyers are legally obligated to withdraw from the process and can no longer represent their clients. This means that both spouses have to hire new family law lawyers and follow the traditional divorce process through the Court system, adding substantial conflict and expense to the divorce.
Related Questions
- Can the parties put in their agreement that their agreements maintenance provisions are not subject to modification in court?
- What happens if agreement cannot be reached and one or both parties want to pursue a Court battle?
- What happens if agreement cannot be reached and one or both parties want a conventional divorce?