Collaborative divorces offer a good alternative to dealing with the stress and expense of a litigated divorce. Collaborative divorces allow both individuals to settle disputes out of court with each party compromising and working together.
Is it possible for this collaborative process to end once it has begun? Individuals going through a divorce may choose to have their case litigated by another unaffiliated party at any point but lose all the progress they may have made.
Ending the process
At any point while trying to settle divorce out of court, one party may opt to end the collaborative approach and opt into a litigated divorce. The attorneys involved must disengage themselves from the process leaving the couple to begin completely anew in court.
Advantages for continuing collaboration
Collaborative divorces are generally less expensive and less emotionally charged than litigated divorces. The process involves discussion and compromise, where both parties are working together towards a win-win resolution.
While divorce can be difficult, collaborative divorces put the power in the hands of the divorcing couple. A litigated divorce removes this control from the couple and places it in the hands of a judge. The judge may then make decisions on what they think is in the couple’s best interest.
Losing this control may leave the divorcing couple discontented with the results. Any progress that has been made in the collaboration is lost. While there may be some things both parties mutually agreed to while working to settle their divorce out of court, there is the possibility the judge will not agree and may make a decision neither party likes.
Another disadvantage of discontinuing a collaborative divorce is the financial cost of such. To begin a litigated settlement, the attorneys assisting the couple in the collaborative process must discontinue their association with the couple leaving the couple to seek out new legal council to assist in the litigated settlement.