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What Happens if Collaborative Divorce Does Not Work?

When Collaboration Isn’t an Option

While collaborative divorce carries several benefits, using this process may not be appropriate for every divorce. Some couples have various circumstances in their relationship that may warrant them going to court, or they may have such a bad relationship that there is no chance of them working together to find a solution. In these instances, how does a divorce proceed?

Return to Court

If collaborative divorce does not work or is not the best solution for a couple ending their marriage, then the case must go to court. In court, the judge will hear arguments from both spouses related to issues such as child custody, child support, and property division and will make determinations on each of these issues. Litigation divorce has risks that can impact both spouses in many ways.

Risks of Litigation

First, the biggest risk involved with litigation is that the final outcome is unknown until the court decides upon it. This may mean that the final divorce decree may look drastically different from what you may have envisioned, resulting in a decree with terms you may not like. In a sense, the power that is in your hands with collaborative divorce is now in the hands of the court.

Second, the process of litigation is often highly contentious and emotionally draining. This can result in each spouse spending a great deal of money on legal fees, as well as damaging the relationship beyond repair.

Third, when spouses go to court, the proceedings are often public. This means that friends, family members, and even co-workers may be privy to the details of your divorce. Litigation, although in some cases unavoidable, can be rather difficult to navigate because of these associated risks.

Work with a Collaborative Divorce Attorney

Whether you and your spouse go to court to work through your divorce or you choose to collaborate on the issues that need to be resolved, it’s important to work with an attorney who can provide you with the guidance you need to make the best decisions you can.

At Verner Brumley Mueller Parker, our team can help you prepare for divorce, whether through litigation or collaboration, and provide you with the perspective you need to make the best choices throughout the process.

Learn more about divorce in Texas or schedule a consultation with a member of our team by calling us at (214) 225-6766 or by visiting us online.