What happens if my spouse won't participate in a collaborative divorce?

If your spouse will not participate in a collaborative divorce, the collaborative process will likely be unsuccessful. In New York, couples must agree to take part in the collaborative process and each must have an attorney who has been trained in the collaborative law process as their representative. If either spouse decides not to participate, the collaborative process ends and both parties must pursue a different form of divorce. It is possible to pursue a divorce without the full cooperation of both parties, but this is typically more complicated and expensive. Your attorney will be able to advise you of the best course of action depending on your unique situation. In some cases, the attorney representing the other spouse may be able to provide the necessary legal advice and/or make reasonable accommodations so that the divorce can move forward. This is especially true when the divorce is uncontested and both parties agree to the terms. If your spouse will not agree to the collaborative divorce, it may still be possible to negotiate an agreement without involving the court. Many attorneys will be able to walk you through the process of creating an agreement that is acceptable to both parties and includes all decisions such as property division, alimony, and child custody. This type of negotiation will require the assistance of both attorneys to make sure that the agreement is legally binding and in the best interests of both parties.

Related FAQs

What happens if my spouse won't participate in a collaborative divorce?

Related FAQs

Related Blog Posts