What happens if my spouse won't participate in a collaborative divorce?
If your spouse is unwilling to participate in a collaborative divorce in Delaware, the process cannot move forward and you will have to seek a more traditional divorce. This means you and your spouse will have to go through the court system for your divorce. This often includes a lengthy and costly trial in which a judge makes the final decision on issues such as custody, division of assets, and alimony. Furthermore, the judge’s decision is binding and cannot be renegotiated. When it comes to collaborative divorce law, the parties involved must voluntarily agree to all of the details of the divorce. If your spouse does not want to participate, they may be held in contempt of court. This means that the court will consider their behavior as being unwilling to participate in a collaborative divorce and may impose penalties, such as fines and jail time. In order to move forward with a collaborative divorce when your spouse is unwilling to participate, you will need to hire a neutral third-party mediator. This mediator can provide an unbiased perspective to the proceedings and can help both parties come to an agreement. This can be beneficial for both parties as it can result in a much quicker resolution and may also save both parties a great deal of money in legal fees.
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