It is possible to switch to collaborative divorce after adversarial litigation proceedings have begun, but it is difficult. If someone comes to me after they been served, the opposing attorney has already moved on down the road and wants temporary orders. I would generally then try to get us into some type of dispute resolution process. Something I’ve learned is if we can get into mediation before litigation for temporary orders, then we have a chance. Then we’ve reshaped the case to go into the collaborative divorce process.
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