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What Happens When Collaborative Divorce Does Not Work?


Using collaborative law to get a divorce offers many benefits. To name a few: Collaborative divorce is less expensive than traditional litigation, it can help you finalize your divorce faster, and you can enjoy enhanced control over the process.

An increasing number of couples in Florida opt for collaborative divorce as a cheaper, less stressful, and more efficient alternative to traditional divorce.

Needless to say, divorce is one of the most unpredictable things you can go through. Since divorce does not always go as planned, spouses who use collaborative law may eventually realize that it does not work for them.

But what happens when your attempts to resolve your divorce issues through collaborative law fail? The short answer is, “Often, going to court is the only option left.”

If you think that you reached an impasse in your collaborative divorce, consider talking to a skilled attorney to help you successfully resolve your legal conflicts without having to go to court.

What is a Collaborative Divorce?

Similar to mediation, collaborative law is an Alternative Dispute Resolution (ADR) method that helps the parties resolve their disputes amicably through negotiations.

The goal of a collaborative divorce is to allow the spouses to reach a mutually beneficial agreement without having to go to court. During the collaborative divorce process, each spouse is represented by their own attorney.

Disputes between the spouses are resolved during four-way meetings. Once an agreement is reached, the parties can include the terms of their agreement into their marital settlement agreement.

Note: Even if you have a marital settlement agreement, you still need the judge’s approval to finalize your divorce. Once the agreement is reached, the judge will review its terms before granting a final divorce judgment.

What Happens if Collaborative Divorce Does Not Work?

While it is relatively uncommon for collaborative law to fail when resolving divorce-related issues, you need to understand what happens if collaborative divorce does not work for you.

If you are not making any progress in your collaborative divorce, you have a right to terminate the process. However, before terminating the collaborative divorce process, you may want to consider:

  1. Hiring a mediator to resolve your disputes through mediation; or
  2. If your attorney is not unable to overcome the impasse, consider bringing another attorney to determine how best to proceed in your case.

If no agreement is reached after reasonable attempts have been made to resolve the disputes with the help of collaborative law, you may have to accept the fact that collaborative divorce is not for everyone.

However, if you and your spouse cannot come up with a resolution, you will have to start from square one by taking your case to court.

Note; The attorney who represented you during the collaborative divorce cannot continue to represent you if your case goes to court. You need to find a new attorney to prepare your divorce case for trial.

Contact an Orlando Collaborative Divorce Attorney

If you and your spouse are considering collaborative law to resolve your divorce-related issues or you feel that your collaborative divorce is not moving forward, speak with our knowledgeable attorneys at Donna Hung Law Group. Our Orlando collaborative divorce attorneys will review your particular situation to advise you on your options. Call 407-999-0099 for a case review.