Collaborative Family Law
Question:
Can I op-out of a Collaborative Law Agreement?
Answer:
By signing a Collaborative Law Participation Agreement, both parties are agreeing not to pursue litigation in court, and instead, work towards an agreement based on compromise.
If an agreement on all issues cannot be reached and the Collaborative process fails, the attorneys for both parties and any other professional involved as part of the Collaborative team must withdraw from the case. Both parties would need to obtain new attorneys and begin the process over by filing with the court.
Opting out of a Collaborative Law Agreement means there will be additional, costly legal expenses and both parties may be subject to the Court’s general guidelines, which may prove less flexible in meeting both parties needs.