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.

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 begun, both attorneys involved in the collaborative process must resign. This is because the collaborative divorce process is based on the principle of negotiation without the threat of going to court, and the attorneys involved agree not to represent their clients in court if the collaborative process fails.

If One of the Parties to a Collaborative Divorce Chooses