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What happens if collaborative law doesn't work for us?

Collaborative law is a relatively new process. It takes the litigation out of divorce and replaces it with cooperation and communication. Its success is partially due to the belief that in matters of family law, working together to achieve a common goal, usually produces a better outcome. While the traditional litigation process of divorce may cause undue stress to parents and their children, collaborative law focuses on problem solving in a civil, cooperative manner.

Despite the best efforts of parents and attorney's, sometimes collaborative law doesn't work. Some issues may be resolved through the process, while others are not. When this happens, spouses can opt to withdraw from the collaborative divorce process and enter into the traditional litigation process. Typically their collaborative divorce attorneys remove themselves from the role of legal counsel, and spouses may then seek new representation.

As much success as collaborative law has had in divorce resolution, it is by no means a foolproof method. Occasionally, divorcing spouses cannot resolve all the issues of their divorce in a collaborative setting. An inability to cooperate with one another is not a reflection on either spouse or their level of commitment to working toward a common goal. Sometimes emotions and circumstances keep individuals from working productively together. When that happens, it may be in the best interest of the parties involved to seek other representation.

A skilled collaborative law attorney may be able to help you decide if this approach is best for your situation. In the event your collaborative efforts are not successful, your attorney may also help you with the transition to a trusted divorce attorney.

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Goddard & Malmquist

Goddard & Malmquist
1250 South Grove Avenue
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Barrington, IL 60010

Phone: 847-382-3995
Fax: 847-382-4038
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