Law & Legal & Attorney Human rights

Collaborative Divorces: A Dignified Family Law Option

Texas family law courts have long been in favor of alternate dispute resolution methods, such as collaborative divorce. It has been proven time and again that when divorcing spouses cooperate with one another to reach a settlement, they spend dramatically less in time and money by the time the divorce is finalized. In fact, the state of Texas has truly pioneered the concept, becoming the first state to draft and approve legal statutes regarding the collaborative law process. Today, a collaborative process has quickly become the preferential method for navigating a divorce and any custody proceedings that might ensue.

Collaborative legal methods are structured processes for conducting negotiations and reaching a settlement agreement. They have been favored largely due to the emphasis on privacy for all parties involved, allowing both spouses to walk away from the negotiating table with their dignity, finances, and emotional well being in tact. Compared to the typical divorce litigation process, these methods are low on dramatics and help spouses avoid a lot of the bitterness and trauma that comes from a long and drawn-out divorce process.

Additionally, if there are children involved, the value of collaboration with your spouse and their attorney cannot be ignored. Most divorcing parents are concerned about the welfare of their child. Countless studies have proven that children are better able to cope and overcome the challenges of divorce when supported by a healthy family structure, post-divorce. If possible, this means with both parents taking an active role in the child's life, or at least behaving with congeniality toward each other.

Collaborative resolution, by its very nature is typically more amicable than other forms of divorce, and often results in a settlement that is customized to each family and more beneficial for all interested parties. By approaching the divorce with maturity and with the intention of doing what is best for your children, a collaborative legal process is guaranteed to help you navigate your divorce with minimal stress and emotional trauma.

Collaborative dispute resolution even has standard procedures for managing the division of personal property and other assets. By using a collaborative process, divorcing spouses are often able to come to a customized solution for dividing their business interests and assets that simply would not have been available in court. Spouses are able to prioritize their holdings and negotiate property divisions so that provisions are made for both parties. Compared to taking your case before a county divorce judge, this process is more efficient, less costly in terms of both time and money, and less stressful.

Typically divorce courts will recommend the divorcing spouses undergo some form of mediation or collaborative negotiations before they will even hear the case. At the beginning of negotiations, each party and their attorney will sign a Collaborative Law Participation Agreement. This document commits all parties to utilizing every resource and effort until an agreement is reached. After this document is signed, a series of negotiating sessions will be held between the spouses, their legal counsel, and any other professionals who may be of value to the process, such as accountants, mental health professionals, or financial planners.


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