A collaborative divorce lets spouses resolve property, support, and parenting issues outside of court, with each side represented by a collaboratively trained attorney. Many couples choose this process because they want to reach an agreement together. Still, some collaborative cases end before they settle every issue. At Standish & Conlin, we help Wexford and Allegheny County clients understand what happens next and which options remain.
Why a Collaborative Divorce May End Without an Agreement
Collaborative divorce is voluntary, and either spouse can end the process at any time. The Pennsylvania Collaborative Law Act governs how the process begins, ends, and transitions if the parties do not resolve every issue. Common reasons a case stops include:
- A spouse decides they would rather go to court
- The spouses reach an impasse on a major issue, such as custody or the value of a business
- One spouse does not fully disclose financial information
- Safety concerns or other circumstances make joint meetings unworkable
When the collaborative process ends, the divorce itself does not stop. Any unresolved issues must be addressed through another process.
What Happens to Your Collaborative Attorneys
A collaborative participation agreement includes a disqualification provision. If the collaborative process ends and the matter moves into a related court proceeding, the collaborative attorneys generally cannot represent the parties in that proceeding. Each spouse may therefore need to retain new counsel before litigation moves forward.
The law also protects many collaborative communications from later discovery or admission as evidence. However, evidence that is otherwise admissible or discoverable does not become protected solely because it was disclosed or used during the collaborative process. The participation agreement may also address confidentiality and the role of nonparty professionals.
Options After the Collaborative Process Ends
Ending collaboration does not necessarily mean you have to go straight to trial. Depending on your situation, several paths may still be available.
Mediation
Some couples who cannot settle through collaboration may still resolve their differences through mediation. A neutral professional helps the parties discuss disputed issues and work toward an agreement. It can be a practical next step when both spouses remain willing to negotiate.
Negotiation Through New Counsel
New attorneys may be able to negotiate directly after the collaborative process ends. Factual work completed during collaboration, such as identifying assets or clarifying disputed financial issues, may still help the parties understand what remains unresolved, subject to applicable confidentiality, privilege, and participation-agreement terms.
Litigation in Allegheny County
If the parties cannot reach an agreement, the Family Division of the Allegheny County Court of Common Pleas can decide unresolved matters such as property division, support, and custody. Litigation may take longer and cost more than a negotiated resolution, depending on the issues involved. In court, a judge may ultimately make decisions the spouses could not resolve themselves.
Understand the Exit Terms Before Beginning Collaborative Divorce
Before signing a participation agreement, it helps to understand what it says about ending the process, attorney disqualification, confidentiality, and shared information. Reviewing those terms early can help you decide whether collaborative divorce fits your circumstances and prepare for the possibility that some issues may remain unresolved.
If your collaborative divorce has stalled, or if you are deciding whether the process is right for you, our family law attorneys in Wexford, PA can help you weigh your options. Call 412-218-3792 or contact our firm to schedule a consultation.