Considering divorce and dread the thought of a drawn-out, adversarial legal battle? There’s a better way. Listen to this free audiobook podcast to discover:
Attorney Cristi Trusler and Financial Neutral Jennifer Failla
Discuss Real Experiences in Collaborative Divorce
How Can an Austin Collaborative Divorce Lawyer Help You and Your Family?
Divorce can be a heartbreaking, complicated process, and many couples find themselves feeling overwhelmed by the prospect of navigating the legal and financial complexities of dissolving a marriage. Fortunately, there is a better way for couples to end their marriage: collaborative divorce. Are you looking for ways to make the process easier and more efficient for your family? Collaborative divorce may be an ideal solution for your family law matter.
What is Collaborative Divorce?
Collaborative divorce is an alternative dispute resolution method for couples that cannot agree. Many people mistakenly think it is an agreed divorce. It’s not. It’s an alternative to the stress and conflict of a traditional courtroom divorce. Using the collaborative law process, divorcing couples work together to resolve the issues related to their separation, such as property division, child support, child custody, spousal support, etc..
A Texas collaborative law case involves both spouses and their respective attorneys, often with often uses specially trained professionals, mental health professionals, child specialists, and financial professionals working together to negotiate an agreement on their own terms, rather than relying on court-ordered decisions. With collaborative divorce, couples can maintain control over their future while minimizing the emotional and financial stress of the process. Furthermore, there are several benefits to taking a collaborative approach, such as improved communication, reduced legal costs, and the opportunity to build a stronger post-divorce relationship. By understanding how collaborative divorce works and the advantages it offers, couples can make better-informed decisions about how to end their marriage.
Why is Collaborative Divorce a Better Option Than Litigation?
| Collaborative | Litigation | |
|---|---|---|
| Who Controls the Process | You and your spouse control the process and make final decisions. | Judge controls the process and makes final decisions. |
| Degree of Adversity | You and your spouse pledge mutual respect and openness. | Court process is based on an adversarial system. |
| Transparency | Everyone commits to open and transparent communication. | Each side tries to hide the ball to gain an advantage. |
| Cost | Costs are manageable, usually less expensive than litigation; team model is financially, efficient in use of experts. | Costs are unpredictable and can escalate rapidly including frequency of post judgment litigation. |
| Timetable | You and your spouse create the timetable. | Judge sets the timetable; often delays given crowded court. |
| Use of Outside Experts | Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually beneficial solutions. | Separate experts are hired to support the the litigants’ positions, often at great expense to each. |
| Involvement of Family Lawyers | Your lawyers work toward a mutually created settlement. | Lawyers fight to win, but someone loses. |
| Privacy | The process, discussion and negotiation details are kept private. | Dispute becomes a matter of public record and sometimes, media attention. |
| Facilitation of Communication | Team of specialists educate and assist you and your spouse on on how to effectively communicate with each other. | No process designed to facilitate communication. |
| Voluntary vs. Mandatory | Voluntary | Mandatory if no agreement. |
| Lines of Communication | You and your spouse communicate directly with the assistance of members of your team. | You and your spouse negotiate through your lawyers. |
| Court Involvement | Stays out of court. | Court based. |
The key advantages of a collaborative divorce include the ability to keep the process out of court, allowing the couple to maintain control over the outcome and make decisions regarding their future. Additionally, it can be less expensive than traditional litigation as there will be less court costs and attorney fees. Finally, since it does not involve litigation, it can often help preserve relationships between both parties and can minimize the stress associated with a traditional divorce.
The goal of the collaborative divorce process in Texas is to resolve disputes in a respectful and non-adversarial manner, while minimizing the impact on the parties involved and their families.
How Do You Know if Collaborative Divorce is Right for You?
It’s important to note that collaborative divorce may not be the right choice for everyone, and each individual’s circumstances will dictate the best approach to resolving their divorce. Consulting with an experienced Austin collaborative divorce attorney can help you determine if this process is right for you.