Separation Agreement stipulation for collaborative divorce

We recently completed a Separation Agreement through the collaborative divorce method, and in it there is a stipulation that basically all future issues that might arise must first go through collaborative divorce measures, or other mitigation be attempted prior to litigation measures. Would this preclude me from consulting an attorney with the intent to hire later, if things escalate? I’m worried about him moving across country and requesting major child custody changes in the near or not-too-distant future. He is handshakes across the table, and covertly aggressive behind the scenes.

Thank you,

Based on the summary your provided, it does not sound like you would be in violation of the agreement by merely consulting with a lawyer to discuss future potential options.

What that provision likely prohibits is you filing a court action or going to an arbitration or even a mediation without first starting with the collaborative process, which is a unique area of law. Most likely the act of consulting with or retaining a lawyer is irrelevant.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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