Yes, if collaborative divorce fails, you can switch to litigation, but you will need to hire new lawyers to represent you in court.
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Understanding the Transition From Collaborative Divorce to Litigation
Collaborative divorce is built on the premise of cooperation and avoiding court proceedings. However, if the process breaks down and an agreement cannot be reached, the participation agreement requires both parties to end the collaborative process and hire new attorneys to proceed with litigation.
Legal Context for Switching to Litigation
The requirement to hire new lawyers is a cornerstone of the collaborative divorce process. This rule ensures that everyone involved remains committed to resolving disputes collaboratively without the threat of court action.
Key Points:
- Collaborative divorce lawyers must withdraw if the process fails.
- Documents and discussions from the collaborative process are confidential and cannot be used in court.
- Transitioning to litigation allows unresolved disputes to be decided by a judge.
Example Scenario:
A couple begins collaborative divorce but cannot agree on child custody. They terminate the process and hire new litigation attorneys to present their case in court.
Steps to Transition from Collaborative Divorce to Litigation
- Terminate the Collaborative Process
Notify your collaborative divorce team that you are ending the process. - Hire New Attorneys
Both parties must select litigation attorneys to represent them in court. - Prepare for Court Proceedings
Gather all necessary documents, such as financial disclosures and parenting plans, to present your case. - File for Litigation
Submit unresolved issues to the court for resolution through hearings or a trial.
How Attorneys Can Help
An experienced attorney can:
- Help you transition smoothly from collaborative divorce to litigation.
- Advocate for your interests in court and build a strong case.
- Use prior collaborative efforts as a foundation for resolving disputes efficiently.
- Protect your rights and ensure a fair outcome during litigation.
Need Help with Divorce Litigation?
Call (630) 366-1760 to consult with a family law attorney. Whether transitioning from collaborative divorce or starting litigation, we’ll protect your rights and guide you through the process.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
