Monday, February 11, 2013
What happens if one side or the other decides to play “hide the ball,” or is dishonest in some way, or misuses the Collaborative Divorce process to take advantage of the other party?
That can happen. There are no guarantees that a participant in the Collaborative Divorce process will not act
in bad faith; just as there also are no guarantees in the litigation process.
But you will be represented by a lawyer who will pay close attention to this
issue. If she determines your spouse is being dishonest, she will make sure
that both you and your spouse’s attorney know immediately. You can end the
process and go to court. Also, the collaborative agreement requires a lawyer to
withdraw upon becoming aware that her client is being dishonest, or
participating in the process in bad faith. For instance, if documents are
altered or withheld, or if a client is deliberately delaying matters for
economic or other gain, the lawyers have promised in advance that they will
withdraw and will not continue to represent the client. The same is true if the
client fails to keep agreements made during the course of negotiations; for
instance, an agreement to consult a vocational counselor, or an agreement to
engage in joint parenting counseling.
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