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Phone: 303-731-6227
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What happens if the collaborative process fails?

One question that Denver residents may have about collaborative law is what will happen if it is not successful.

After all, even despite everyone's best efforts, sometimes a couple who is going through a divorce or separation will realize that there is just no way that they are going to come to an agreement and that they need a judge to make decisions for them.

The short answer is that if either side in a collaborative divorce no longer wants to continue the process, the parties will go back to square one in that either one may start the formal process of divorcing or separating in court and without having any kind of agreement in place.

Moreover, both sides will have to choose new attorneys, a rule which actually serves to protect the couple and their confidential information. One idea behind this rule is to make sure that, during the collaborative process, the couple can give their full efforts to reaching a solution without having to worry about their discussions being used against them in court.

Unfortunately, if the collaborative law divorce process does not work out, a Colorado resident may feel that he spent a lot of time, money and effort on a process that ultimately yielded no benefit. However, even this is not always the case. Sometimes, even nominally unsuccessful negotiations wind up setting a couple on the path to eventually working things out.

In any event, though, the good news is that collaborative divorce is at all times voluntary, whereas even mediation can, to some extent, be court-ordered. A Denver resident interested in pursuing this cooperative, non-adversarial approach to a family law issue should consider speaking to an attorney experienced in this area.

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Phone: 303-731-6227
Fax: 303-648-5874