Will my attorney tell me if divorce collaboration isn't working?

Asked over 1 year ago - Columbus, OH

I have been at this process for six months. My spouse is very aggressive at home, and has
mental health issues. I keep telling the "team" about my concerns, but its been six months and the social worker has yet to call my daughters therapist, who she has had for years.
Meanwhile, my husband is telling my kids that he has 50 % custody, which is not at all what I am thinking. I have been at home with the kids for 15 years and he is mostly at work. now all the sudden he isn't interested in being a husband but is using the kids, it feels, as bait.
its awful
. meanwhile the team has my husband out of the house without a parenting plan. what a nightmare. he kept the girls, didn't answer his phone, and had their phones run out of minutes and would hang up on me if I called.

Attorney answers (3)

  1. Martin Dennis Koop

    Contributor Level 10


    Lawyers agree

    Answered . You should direct your specific concerns to the attorney who you have hired. If the situation is not working, then there are steps that he or she may be able to take to modify the situation. If your husband is obligated to communicate with you and is refusing to do so, this fact may help you in determining parenting rights, as one of the factors that judges consider in determining custody is whether one side or the other fails to encourage communication or facilitate communication and a relationship with the children. Your attorney will only know if there are problems if you tell your attorney about them.

    You can reach Martin D. Koop at (419) 447-2521 or martinkoop@martinkoop.com. Martin Koop is an attorney licensed... more
  2. William Joseph Reynolds

    Contributor Level 13


    Lawyers agree

    Answered . If you signed a participation agreement in collaborative divorce, the attorney you have now can't work with you if a divorce or other action is required in Court. Check your agreement to be sure but if the process isn't working for you, end it and go get a lawyer to file for divorce on your behalf.

    I hope that this information is helpful to you. If so, please mark it as "helpful" or "best answer." The... more
  3. Anneshia Miller Grant


    Contributor Level 18


    Lawyers agree

    Answered . Bring your concerns to your attorney. That's why you are paying him/her. If the collaboration is not in your interest, then you and your attorney should think about another plan.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Collaborative divorce

Collaborative divorce is an alternative to contested divorce that involves collaborative sessions between the parties and their lawyers.

Elizabeth Rankin Powell

What is a Collaborative Divorce?

Each party has an attorney. Each party has their own attorney with whom they can discuss - privately - their concerns and goals for the matter. The clients and the attorneys sign a four... more

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