What if Collaborative Divorce is Unsuccessful?

 Posted on December 10, 2024 in Family Law

Most divorces are negotiated between the spouse’s attorneys, while some divorces utilize alternative dispute resolution like mediation and collaborative divorce. An older study found that about 86 percent of collaborative divorces resulted in full agreement on every issue by both spouses. The remaining 14 percent usually had at least a partial agreement on some issues.

While it is unclear what today’s agreement rates are when collaborative divorce is implemented, many couples have questions regarding what happens when this type of alternative dispute resolution is unsuccessful. If your collaborative divorce negotiations have come to a standstill, it is time to consult an experienced Bloomingdale, IL divorce lawyer from Mevorah & Giglio Law Offices.  

What Is a Collaborative Divorce?

Collaborative divorce is a legal process that allows a couple to negotiate the terms of the divorce without going to court, where a judge makes the decisions. Both spouses must be willing to work together; a collaborative divorce will not work if either party is unwilling. Both spouses must have an experienced attorney and a "divorce team" that may include a financial specialist, a child specialist, and even a divorce "coach."

Both spouses and attorneys will sign a "no-court" agreement, which means the attorneys can withdraw if either spouse exits the collaborative divorce process. There is no divorce discovery; rather, both spouses must rely on the other’s word that all relevant information has been provided.

What Happens When a Collaborative Divorce Stalls Out?

Spouses who begin the collaborative divorce process on friendly terms may soon discover there are significant disagreements over at least some of the divorce decisions. If negotiations in a collaborative divorce break down and neither spouse is willing to work together to resolve the issues, the collaborative divorce process is terminated.

A failed collaborative divorce attempt results in everyone essentially going back to the drawing board, filing a petition for divorce, and beginning the more traditional divorce process. The most important issue to note here is that you must hire a new divorce attorney once you depart from a collaborative divorce.

What Are Some Disadvantages of Collaborative Divorce?

Many people believe that only a collaborative or mediated divorce will be civil. This is simply not true. The traditional divorce process can be accomplished without hard feelings when both spouses commit to working out agreements that benefit all those involved. If this is impossible, a family court judge will make these decisions on behalf of the spouses and children. Some notable disadvantages of a collaborative divorce include:

•  Spouses must generally be on relatively good terms for the collaborative divorce process to work, and this is not always possible.
• A collaborative divorce affords spouses less opportunity to ensure all the relevant information is being provided by one another. If one spouse is hiding assets, there is less opportunity in a collaborative divorce to contest information being omitted or presented.
• When spouses and attorneys agree to a collaborative divorce, each spouse is essentially hiring an attorney who is legally unable to advocate for them in court. If the collaborative divorce fails, a new attorney must be hired, and then the divorce starts from scratch.
• A collaborative divorce often costs more than a traditional divorce, thanks to input from collaborative divorce attorneys, financial experts, real estate appraisers, child psychologists, etc. If the collaborative divorce fails, all these people will have been paid, then the process starts over with all new experts and attorneys who will also have to be paid.

Contact a DuPage County, IL Divorce Lawyer

Whether you choose the traditional divorce route from the beginning or your collaborative divorce process is unsuccessful, a Naperville, IL divorce lawyer from Mevorah & Giglio Law Offices can help. Our firm is large, meaning you benefit from having every resource necessary for your divorce. We also offer a highly client-focused service and frequent communication. With more than 175 years of combined divorce experience, hiring our firm is a good first step in the divorce process. Call 630-932-9100 today to schedule your free consultation.