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What can I do if collaborative law didn't work?

The collaborative approach to family law issues is a new and wonderful way of solving problems related to divorce. Whether individuals use the collaborative approach for a divorce, child custody arrangement or property division, there is always the possibility that the issues cannot be resolved. If the collaborative approach does not work, there are other options available to divorcing spouses for resolution of family law issues.

The collaborative approach to family law is relatively new. Attorneys that offer their services for this approach are typically trained in the area of cooperative, out-of-court problem resolution. These highly trained attorneys try to use every available resource to address family law issues in a positive, cooperative and friendly way before suggesting an alternative means to resolution.

In the event family law issues cannot be resolved through the collaborative process, the attorneys working with the spouses or parents are required to withdraw their representation. Typically, both parties and their attorneys will enter into a "no court" agreement stating the requirement to withdraw their representation if the collaborative approach fails. When the legal relationship is severed, both parties are allowed to seek alternative representation. Generally speaking, this alternative representation would be that of a family law attorney with litigation experience.

While the collaborative approach to family law is designed to maintain a civil relationship between divorcing parties, it may not work for everyone. Divorcing spouses interested in this approach to their family law issues may benefit by speaking to a collaborative law attorney. An attorney can address issues and concerns with the collaborative approach to family law, and may be able to better explain alternatives if the collaborative approach does not work.

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Goddard & Malmquist

Goddard & Malmquist
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