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

If your spouse is unwilling to participate in a collaborative divorce in North Carolina, the divorce process will likely take a much longer time and will be more adversarial. Instead of using the collaborative process, the process will be handled through the court system. If your spouse is not willing to cooperate, the divorce will likely take longer and you will likely need to pay more in legal costs. Before taking the collaborative divorce route, couples typically agree to negotiate their divorce in good faith and to share all financial information- including income, debts, assets, and liabilities. If your spouse refuses to cooperate, they may be found in contempt of court. Additionally, the court may order a “default judgment” if the other spouse will not appear in court. This means that the court will decide on matters such as child custody, property division, and spousal support, without input from the non-participating spouse. This can cause issues, as the court does not always make decisions that are in the best interest of both parties. Finally, if your spouse is refusing to cooperate with the divorce, you can still proceed with the divorce, however, in many cases, a more expensive and aggressive approach may be necessary to ensure that the process goes smoothly. If that’s the case, you may need to hire a lawyer to help you through the process.

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

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