If one of the parties to a collaborative divorce chooses to litigate the divorce after the case begins,what must then happen?
A) Both attorneys must resign.
B) The attorneys continue to represent their clients in court.
C) The litigating party's attorney must resign.
D) This situation could never occur,because litigation rights are lost in the decision to use collaborative proceedings.
E) The attorneys will not receive a fee from either of the litigants.

Question

Quizplus · Accepted Answer

In a collaborative divorce, both parties agree to work out their divorce terms outside of court with the help of their attorneys. If one party decides to go to court (litigate) after the process has started, both attorneys involved in the collaborative process must resign. This is because the collaborative divorce process is based on the principle of negotiation and mutual agreement, and moving to litigation violates that principle. The attorneys are specifically hired for their skills in collaborative law and are required to withdraw from the case if it moves to litigation, to encourage the parties to settle their disputes out of court.

If One of the Parties to a Collaborative Divorce Chooses