Collaborative divorce offers a team approach. The full collaborative team is made up of the following:
In a collaborative divorce, the parties and lawyers sign an agreement that says (among other things) that the parties shall not litigate. If someone is going to litigate, then the collaborative process terminates. However, the lawyers in a collaborative divorce are not permitted to represent the client in court. If the collaborative divorce process fails, the parties have to retain new attorneys to represent them in court. Many litigating attorneys dislike this agreement because they are precluded from staying in the case if it falls out of the collaborative process. Collaborative lawyers like this provision because it makes the entire team buy into the process for a solid commitment from all to resolve the parties’ concerns.
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