If a couple doesn’t trust each other anymore, can they still use the collaborative process to settle their divorce?

Yes. The parties might not trust each other, but they can trust the financial expert and their lawyers. They can trust the professionals they’ve hired to help guide them through the process to reach a solution that works well for both parties, even if somebody had an affair and the parties don’t trust each other in that regard. If someone cheated on a tax return and the other spouse doesn’t trust them financially, the parties can work with the professionals at a level of comfort that will make it possible to provide informed consent and settle.

Founding partner of McGaughey & Spirito in Redondo Beach, California, Joe Spirito has been practicing family law since 1982 and is currently serving as secretary of the Los Angeles County Bar’s Family Law Section.