Mediation & Collaborative Divorce Attorney in , California

Collaborative Divorce: Do I forever give up my right to litigate if I agree to a collaborative divorce?

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No, not at all. What you give up is your attorneys who are representing you in the collaborative process cannot go to court with you. So when you decide to go collaborative and you retain counsel they sign a document saying that you understand that if you decide to end the collaborative process and litigate your divorce they cannot represent you in the litigation aspect. But that just goes to the attorneys. As the party if the collaborative process breaks down you are free to go to court and you are free to retain new counsel.

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Los Angeles, CA family law attorney Barbara J. Youngman talks about engaging in collaborative divorce and whether it effects your right to future litigation. She explains that no, that is not the case. In a collaborative process, the agreement is that the attorneys representing you cannot continue to represent you in court if the collaborative process is terminated and litigation becomes necessary. However, as the party involved, you are not bound by this restriction. If the collaborative process breaks down, you have the freedom to pursue litigation and retain new legal representation of your choice for the court proceedings. The limitation on attorneys only applies within the context of the collaborative process itself.

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