Collaborative lawyers cannot litigate

When deciding whether to try a collaborative divorce or not, some parties wonder what the incentive is for the attorneys to get the parties to a settlement? Some conclude that lawyers might not opt to pursue a settlement whole heartedly.

The reality is in collaborative divorce, the lawyers are hired on a limited scope representation. This means the lawyers can only represent the parties in trying to settle the case.

If the parties cannot settle, and the case has to be litigated, the parties have to hire a new, outside lawyer to litigate. This means that the lawyers hired on the collaborative divorce cannot participate in any litigation in contested proceedings.

This gives collaborative divorce lawyers every incentive to work with the parties to try to settle. Now settlement often takes time. It often requires many meetings. After all, settlement is not always easy.

This is especially true where there are significant assets and/or children. In these cases, the parties need to have an entire agreement on child custody issues, child support, property and debt division, spousal maintenance, attorney’s fees and other related issues.

But make no mistake about it that in collaborative divorce, collaborative divorce lawyers cannot litigate if the case cannot settle. They are instead out of the case. Another lawyer has to come in and litigate from a different firm. This gives collaborative divorce lawyers every incentive to try to help the parties reach a settlement.

This is also in contrast to uncontested divorce. In if the parties cannot settle, the same lawyer can go ahead and litigate the case.

If you are interested in a collaborative divorce, Stange Law Firm, PC can help. You can call us at 1-855-805-0595.

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