The defining feature of collaborative divorce is the withdrawal agreement: if either spouse takes the case to court, both collaborative attorneys must withdraw, and the couple starts over with new counsel. This provision creates a genuine incentive for both sides to negotiate in good faith, because abandoning the process is expensive for everyone.
The withdrawal provision also protects a client from the other side using collaborative sessions as a fishing expedition while quietly preparing for litigation. A collaborative divorce attorney in Jupiter explains this commitment clearly before a client signs on.
