What happens if my spouse won't participate in a collaborative divorce?
If your spouse will not participate in a collaborative divorce, the West Virginia court will issue a motion dismissing the case. This means that the divorce will no longer be a collaborative divorce and will have to proceed through the traditional court process. If you are not able to reach a settlement in court, the case will go to trial, where a judge will make a decision on all issues involved in your divorce, such as property and debt division, spousal and child support, and child custody. This may lead to a lengthy, expensive trial which often results in an unsatisfactory outcome for both parties. It is important for both spouses to participate in the collaborative divorce process, as it allows each spouse to have a say in the outcome of the divorce and provides an opportunity to come to an agreement that is beneficial for everyone involved. If your spouse refuses to participate, your attorney can help you find a way to continue the process if possible, such as by filing a settlement offer. By working together to reach an agreement instead of relying on the court to make a decision, you and your spouse have the power to create a divorce agreement that works for both of you.
Related FAQs
What is the difference between a contested divorce and a collaborative divorce?Is a collaborative divorce binding?
What is the role of an appraiser in a collaborative divorce?
How do I ensure that the best interests of my children are respected in a collaborative divorce?
What happens if my spouse won't participate in a collaborative divorce?
How do I find a suitable settlement agreement in a collaborative divorce?
How do I ensure that all of our debts are divided fairly in a collaborative divorce?
How do I keep the collaborative divorce process confidential?
What is the difference between a collaborative divorce and a traditional divorce?
What is the role of a child specialist in a collaborative divorce?
Related Blog Posts
What Is Collaborative Divorce Law and How Does It Work? - July 31, 2023Exploring the Benefits of Collaborative Divorce Law - August 7, 2023
Pros and Cons of Collaborative Divorce Law - August 14, 2023
An Overview of the Process of Collaborative Divorce Law - August 21, 2023
FAQs for Potential Clients Considering Collaborative Divorce Law - August 28, 2023