Linda Wray and Gay Cox conducted a research study on collaborative cases and found the following were the top reasons that the cases did not result in a final agreement. These are reasons we commonly see that while a client may want an uncontested divorce, they do not have success in having one:
1. A spouse in the marriage does not trust the other spouse or any lawyer on either side;
2. A spouse in the marriage does not have empathy as they should for the circumstances of the other spouse;
3. A spouse has unrealistic expectations of divorce outcome;
4. A spouse will not cooperate as needed in an uncontested divorce;
5. A spouse does not have any respect or value for the other spouse;
6. A spouse has mental health issues.
Uncontested, part as friends and collaborative types of divorces are less stressful on the spouses and much less expensive. But, sometimes one or both of the spouse’s personalities make it impossible to work, leaving no choice but divorce litigation.