Sacramento, CA family law attorney Mary Molinaro talks about the potential disadvantages of collaborative divorce. There are few disadvantages to collaborative divorce; in fact, the advantages often outweigh the drawbacks. However, one significant disadvantage is known as “disqualification.” If the collaborative process fails for any reason—such as an inability to reach an agreement or if one party decides to withdraw—none of the professionals involved can be used in subsequent litigation. Additionally, any information provided by the team members cannot be utilized in court. This situation mirrors that of mediation, where the mediator cannot be called to testify.

Another potential downside is related to scheduling, as collaborative divorce typically involves meetings conducted in a team format. Coordinating schedules among multiple professionals and the parties can sometimes prove challenging. To mitigate this issue, it is advisable to establish at least six future meetings during the initial session. If those meetings are no longer needed, they can be canceled, which helps avoid scheduling difficulties and delays. Overall, these are the primary downsides associated with the collaborative divorce process.