Getting a divorce does not have to feel like a warzone.
A collaborative divorce in Texas is a form of alternative dispute resolution specifically designed to resolve divorce-related issues amicably without court intervention. In this process, both parties and their respective attorneys sign a Collaborative Family Law Participation Agreement, committing to settle their differences out of court and without the threat of litigation. This agreement begins the collaborative divorce process and outlines the intent to resolve the matter collaboratively, describes the nature and scope of the issues, and identifies the collaborative lawyers representing each party. Just like in a traditional divorce, a collaborative divorce is a completely confidential divorce process. Collaborative family law is intended to foster a cooperative rather than adversarial atmosphere, which encourages parties to resolve their disputes in a respectful and more peaceful manner.
How does it work?
Prior to the collaborative divorce process starting, the collaborative lawyer must assess whether the process is appropriate for the prospective party and should provide adequate information about the benefits and risks of a collaborative divorce compared to other dispute resolution methods like litigation, mediation, or arbitration. The parties will then participate in joint meetings with their collaborative lawyers to attempt to resolve the matter. The collaborative process involves full and voluntary disclosure of information by both parties, without the use of a formal discovery process used in litigation. The goal is to work together as a team, often with the assistance of neutral third-party professionals such as child psychologists or financial advisors. These professionals will aid the attorneys and parties in reaching a fair and equitable settlement.
What happens if I want to move forward with a divorce in a more traditional manner after the Collaborative Divorce has already begun?
The collaborative family law process is completely voluntary, and any party can terminate it at any time, with or without cause. The collaborative process can be terminated in several ways, including when a party gives notice that the process is ended, initiates a proceeding without agreement from all parties, or if a collaborative lawyer is discharged or withdraws without a new collaborative lawyer being hired within 30 days. If the parties wish to proceed with the divorce in a traditional manner, rather than through the collaborative divorce process, they may then hire new counsel to represent them in court. The attorneys involved agree to withdraw from the case if the collaborative process fails and the matter proceeds to litigation.
We settled our case through the collaborative divorce process… now what?
In practice, the time it takes to complete a collaborative divorce can depend on the complexity of the issues involved and the cooperation between the parties. If the process results in a settlement, the parties must notify the tribunal, and the agreement is typically merged into a final decree of divorce, which is enforceable as a contract.
How much does a collaborative divorce cost?
The cost of a collaborative divorce in Texas can vary significantly based on several factors, including the complexity of the case and the attorneys involved. Not all attorneys in Texas handle collaborative divorce cases. Hire attorneys trained in collaborative divorce law at Grinke Stewart Family Law to help you resolve your case outside of court! Contact us at (469) 598-2001.
