Founding Attorney
While collaborative divorce offers many benefits, it’s important to recognize that the process doesn’t always move smoothly. In some cases, one or both parties may struggle to stay engaged, communicate effectively, or fully commit to the spirit of collaboration.
Common Roadblocks in Collaborative Divorce
- One party withholds financial or personal information
- Communication becomes hostile or shuts down entirely
- Significant changes in circumstances (like moving or new relationships)
- A lack of trust that undermines the process
These challenges don’t necessarily mean the collaborative process is doomed. Often, there are steps the team can take to get things back on track.
What to Do When the Process Falters
- Pause and Reflect: A brief break can help both people reset and re-center.
- Re-engage the Coach or Facilitator: These professionals can help clarify concerns and facilitate more productive conversations.
- Bring in Additional Support: A financial neutral or child specialist may provide clarity where confusion exists.
- Clarify the Shared Goals: Reaffirming the mutual intention to avoid court and prioritize respectful resolution can be grounding.
When Collaborative Divorce Isn’t the Right Fit
In some cases, the collaborative process may need to be ended. This doesn’t mean failure, it simply means that a different path may be more appropriate.
If the process is terminated:
- Both collaborative attorneys must withdraw
- The case transitions to a new process, such as mediation or litigation
- All parties should take time to reassess goals and emotional readiness
Preserving Dignity, Even in Transition
Even if collaborative divorce isn’t successful, the effort to resolve issues respectfully can influence the next steps. Much of the work done including financial documentation, parenting discussions, personal reflection, still holds value and can inform future proceedings.
Keep the Focus on Constructive Resolution
Collaborative divorce is designed to support honest, open, and solution-focused outcomes. When those goals become unreachable, there are still ways to part with clarity and dignity. If you’re encountering obstacles in the process, your team is there to help assess options and next steps.