When considering whether to opt for a collaborative divorce versus a litigated divorce, some are not sure what the incentive is for the lawyers to get the case settled. Some think that the lawyers might not try hard to get the case settled. In other words, they may worry that the lawyers may not fret over whether the case settled or not because they can simply represent their client in court if it does not.
The truth is that in collaborative divorce, the attorneys are enlisted on a limited scope representation. Thus, the lawyers can only represent the client in the collaborative process.
If the collaborative process does not work, and the case goes to court, they have to hire a different lawyer to go to court. This means that the collaborative lawyers are then out of the case.
The net impact is that collaborative divorce lawyers every incentive is to try to get the case settled. Obviously, settlement is not easy for many. It may require many sessions because there can be many issues in which the parties do not agree.
This is the case where there are high assets or children. In these cases, the parties must have a complete settlement on child custody issues, child support, property and debt division, spousal maintenance, attorney’s fees and other similar matters.
This is not necessarily easy. But the reality is that collaborative divorce lawyers are committed to trying to get the case settled or else they cannot participate in court in contested proceedings.
If you are interested in a collaborative divorce, you can contact the Missouri Collaborative Institute at 855-595-6679.