Divorce can be a very tense and contentious process. Spouses also have the option of working together. They can sign a contract committing to a collaborative divorce process. They effectively promise to work together to resolve all of their current disagreements outside of the family court.
Frequently, spouses work with a number of different professionals to make a collaborative divorce a reality. They hire an attorney to help them act in their own best interests and ensure their compliance with all relevant statutes. They may work with financial advisors and child development professionals to settle financial matters and issues related to shared parental responsibilities. They may even sit down with mediators to try to work through their disagreements cooperatively in a confidential environment.
Unfortunately, collaborative divorce is not always successful. What happens when spouses find that they cannot cooperate and resolve their disagreements despite formally agreeing to do so?
The process starts over from the beginning
If attempts to divorce collaboratively fail, spouses have to begin the entire divorce process over again. In fact, they typically cannot retain the same lawyers. They have to find new representation and file paperwork with the courts. They then need to prepare themselves for divorce litigation.
During litigation, spouses have an obligation to make formal disclosures to one another in the courts. The courts may review financial records and documentation that could influence the allocation of parental rights and responsibilities. A judge then determines how to settle property division, financial support and parenting matters.
The spouses lose the opportunity to set their own terms. More information about the divorce ends up part of the court record. They can also anticipate the process costing more. Litigation tends to be relatively expensive, as it requires significant time in court and a judge’s thorough review of various matters.
Collaborative divorce may fall apart due to heightened emotions or obvious attempts at misconduct, such as efforts to hide assets. In all but the most extreme cases, trying to find ways to cooperate and compromise may be preferable to litigating the divorce.
Committing to collaborative divorce can be a beneficial choice provided that spouses enter the process in good faith and are willing to work through their disagreements. Understanding what happens during collaborative divorce and if the process fails can help spouses make more informed decisions about the end of a marriage.
