What happens if my spouse won't participate in a collaborative divorce?
If your spouse is unwilling to participate in a collaborative divorce in Washington, you may be able to pursue a contested divorce. During a contested divorce, the parties are required to proceed through litigation and the court will step in to decide the disputed issues. This is significantly different from a collaborative divorce, in which both parties work together to reach an agreement. The process for a contested divorce can take longer and can be much more costly than a collaborative divorce. You and your spouse will be required to exchange financial and other documents to prepare for the case. You or your spouse may need to hire an attorney. Depending on the complexity of the case, it could take several months for the court proceedings to be completed. If you are unable to reach an agreement, the court will make a decision for you and your spouse. This can be difficult because the court must decide without knowing the personal details of your case. This means that the decision of the court may not be in line with what either party wanted. Additionally, if you are unable to come to an agreement, the judge will decide how to divide property and debts as well as child custody and support. These decisions can be difficult and the judge may not always be able to follow the wishes of either party. Ultimately, if your spouse is unwilling to participate in a collaborative divorce, it is important to speak to an attorney to understand your options and determine the best course of action.
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