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Will a collaborative divorce work if my ex refuses to talk during the sessions?

New York, NY |

My ex and I have been separated for 7 years now. We have a 10 year old child together who lives with my ex. We do not have a separation agreement and no child support order, but we do have a visitation and custody agreement. We do not have assets together either. We agreed to divorce through collaborative law.

However, she recently communicated to me that she does not want to speak during these sessions and she would only like me to speak to her lawyer during the meetings. This now sounds like litigation to me. If my ex refuses to speak, can we still divorce through collaborative law?

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Attorney answers 4


As long as her attorney is an active participant this will work. That's one of the things that an attorney does, is to communicate the interests of the client. While her participation is encouraged and welcomed, she is well within her rights to designate her attorney to do all of the speaking for her.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


It will obviously be more difficult. But it's still possible...


Collaborative law requires that both parties be willing to participate personally or at least through their attorneys. It is worth at least giving it a shot.