If a couple is in litigation, is it too late to proceed in a collaborative divorce?
Amy Zylman Shimalla’s Answer:
No. Parties can choose to drop out of litigation and proceed in a collaborative divorce process. They must withdraw their complaint and they can do so without prejudice. It would then be refiled after they reach an agreement so the divorce can be finalized. There cannot be a divorce complaint pending while the parties are involved in the collaborative process.
Other Videos on Collative Divorce:
- How does someone choose the right collaborative lawyer for their unique situation?
- How does Collaborative Divorce work?
- Can the collaborative model be used if there is a business involved?
- Are there any advantages to using a collaborative process rather than litigation for high-net-worth cases?
- Why do the parties have to retain new lawyers if they decide to move from the collaborative process to litigation?
- How long does collaborative divorce typically take? Does it usually require multiple sessions?
- What makes a couple ideal candidates for collaborative divorce?
- Is it possible to achieve resolution via collaborative divorce for a high-conflict couple?
- What are the pros and cons of collaborative divorce?