What is a collaborative divorce?
A collaborative divorce is a divorce that uses the collaborative law process. This process looks at the divorce as a problem to be fixed instead of a fight to be won. Both sides will work together on settling the divorce and agree not to take any of the issues to court. The idea behind the collaborative divorce process is to avoid a litigated divorce and allow the lawyers to create a mutually agreed upon settlement that works for both parties.
Benefits of collaborative divorce:
- Better control over costs. This is usually due to both parties sharing their private asset information, which allows the attorneys to skip the discovery process.
- More thoughtful. Throughout a collaborative divorce, the couple works together to reach a settlement that works for both parties. This mentality helps minimize potentially explosive feelings.
- Negotiation. Negotiations between the two parties allow both to reach a settlement agreement that works for them.
- The collaborative model is confidential. The Family’s personal and private business is not open to the general public.
How collaborative divorce works in Texas:
The first step of a collaborative divorce is for each party to hire their own attorney. The attorneys should both be trained in the collaborative law method and understand the negotiation process.
After this, each party should meet with their collaborative divorce attorney separately and identify their overall settlement goals. These goals will help the divorce attorney understand the limits for working with each individual asset affected by the negation process.
Once each party has an attorney and is ready to begin the divorce proceedings, they will begin regular meetings together, with their attorneys. These meetings will last as long as it takes to reach a settlement agreement or until such a time as either party wishes to move to litigation court.