Our Texas Collaborative Law Attorneys Provide You with a Friendlier Divorce Solution.
One of the options available to any couple in a divorce is collaborative law. This is a unique approach to resolving any disputes or differences in a divorce, and can be a less expensive option than litigation. Because it is not adversarial, it relies on each spouse to want a more friendly and cost-conscious approach to divorce.
Differences from Litigation and Mediation
In both litigation and mediation, there is a third party who is either facilitating the dispute or actually deciding the outcome of a conflict. If a court decides how your divorce is to be structured, that ruling is final and binding. Mediation can be helpful in less complex divorces, but there is still an adversarial component since mediation may only resolve part of a divorce dispute. The remaining issues may still go to court for a final decision, and complex cases are difficult to resolve with the help of a single mediator. Each party will have their own attorney present, and there may still be areas of contention that underlie the discussions.
Texas Collaborative Law
In Texas collaborative law, the parties still have legal representation, but there is a more structured process to reach an agreement. The spouses enter into collaborative law to avoid the emotional stress of a contested divorce, the impact on children and the potential to have a judge or jury decide their future. Collaborative law relies on advisers who can help work out personal and financial issues, without giving up sound legal advice. As long as they are using collaborative law, the spouses agree not to initiate any legal proceeding beyond the initial filing for divorce or litigation in order to give the process time to bear fruit.
The outcomes of collaborative law are usually not binding until the final agreement is entered along with the divorce decree. These agreements still require court approval, but as long as they are fundamentally fair to both spouses they will be valid. At any time in collaborative law one spouse can request to end the process and revert to more traditional adversarial contexts for the divorce. However, if a party does this, each party must retain new attorneys to litigate the matter. It is therefore advisable to try to make the collaborative law discussion work since it can be both time saving and cost efficient for both parties.
Is Collaborative Law Right for You?
Merritt Law’s Texas collaborative law attorneys can discuss this option with you for your divorce if you think you and your spouse can communicate. Some divorces are not contentious and the parties just want to resolve the issues of property and child support as easily as possible. In that case, collaborative law may be the best option. Schedule an initial consultation with our Texas Collaborative Law Attorneys.