If my spouse has already filed divorce papers with the courts, can we still use the Collaborative process?
Yes! Collaborative attorneys can work with the courts to stop the court process and start the Collaborative process. Both members of a couple must agree on using the Collaborative process, however, for that to happen. The case would be put on inactive status, the couple would begin the Collaborative process and then submit signed papers to court at the end, with no appearance in court necessary. And just because you retained an attorney doesn’t mean you have to stay with them if they do not meet your needs. Not all attorneys practice the Collaborative model, just like not all attorneys do mediation. Collaborative attorneys pay attention to your family system and use different skill sets than court-based attorneys.