Generally, “yes.” However, practitioners may approach this issue in a different manner. Most will ask that the divorce be dismissed so that the Collaborative Process can proceed without the inherent coercion of and on-going scheduling pressures imposed by the court. Alternatively they may seek a stay from the court, taking the case off the court’s docket until an agreement has been reached or the Collaborative Process terminated. Traditionally and ideally, Collaborative Practice takes place prior to the filing for divorce. A complaint for divorce would be filed only after there is a written resolution of all the divorce issues.
On the other hand, some practitioners may try to work out a means to Collaboratively resolve differences without dismissing the divorce action.
If you find yourself in a traditional divorce and you are interested in exploring the possibility of that divorce becoming a Collaborative Divorce, you should not hesitate to contact a Collaborative Divorce professional in your area.