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What happens if the dispute cannot be settled by using a collaborative divorce?

If a party is unwilling to enter into a Participation Agreement for collaborative divorce, the parties can proceed to divorce under the traditional model. If one or both parties to a collaborative divorce participation agreement conclude they can not resolve the matter through the collaborative process, then one or both parties will notify the team of their decision to terminate the process, and the collaborative process will end. Either party may proceed to file a traditional divorce on their own without counsel (which is not advised), or with new legal counsel and new experts, as needed, under the traditional divorce process. Neither party is permitted to use the attorney or any professional from the collaborative team in the event the collaborative process is aborted. The loss of the collaborative team professionals, including a party’s attorney, provides an incentive to both parties to remain in the collaborative process and diligently explore alternatives and options to break an impasse in order to avoid the lost investment of time, trust and resources expended in the collaborative process.

Shelley Kester, Esq.