What is the disqualification rule, and why does it matter?

The disqualification rule is the defining feature of Collaborative divorce. When you sign the participation agreement, both spouses agree that if the Collaborative process ends without a full settlement and either party decides to litigate, both Collaborative attorneys must withdraw from the matter. Neither Collaborative attorney may represent their client in the ensuing court case, which means both spouses would need to hire new trial counsel. This rule aligns everyone's incentives toward reaching an agreement, because no one at the table benefits from the process breaking down.