Texas Collaborative Divorce
Denton County Attorneys Providing Solutions for Amicable Divorces
As an alternative to traditional courtroom litigation, collaborative divorce allows spouses to work through their divorce and establish mutual agreements with the help of a specific process and professionals trained in the process. In this approach, the emphasis is on finding amicable resolutions outside the courtroom setting, and it allows couples to better customize solutions to fit their unique family situation. One of the key benefits of choosing this method is the privacy it affords, as collaborative divorce is not conducted in a public courtroom, keeping personal matters confidential.
Choosing collaborative divorce means opting for a process focused on helping couples find respectful resolutions. It encourages open communication and cooperation, reducing the potential for acrimony and emotional distress. Additionally, it can be a cost-effective option, enabling couples to avoid the often substantial expenses associated with litigation.
At Burrows Law Group, we have years of experience handling family law cases. Our team assists individuals and families through complicated legal matters with professionalism and sensitivity. We understand the unique challenges that divorce can bring and are here to guide clients through the process.
If you are considering a collaborative divorce in Denton County, Texas, we encourage you to reach out to us for a consultation. You can contact us at (972) 236-7798 or online.
The Collaborative Divorce Process
The collaborative divorce process is a process which both parties must enter into voluntarily to resolve family law matters amicably.
Here’s a step-by-step look at how collaborative divorce works:
- Initiating the process: The process begins when spouses sign a collaborative family law participation agreement, demonstrating their commitment to this approach. Each spouse should retain a collaborative family law lawyer to represent them. These lawyers are trained in collaborative law and are crucial in facilitating the process. It is then possible to either file a Joint Petition for Divorce or to file one Petition to begin the case. The attorneys on the case will then work to add one or more professionals called “neutrals” to the team. The neutrals are just that, non-biased professionals that assist in providing the resources needed to move the parties through the collaborative divorce process as efficiently as possible.
- Goal setting and Information Gathering: Spouses and the professional team engage in discussions to understand each party’s goals and concerns. The team then assists the parties in gathering information needed as to the party’s property, children and other divorce related issues. The parties are then able to openly review the community estate and if needed the parties also create a parenting plan. These initial conversations lay the groundwork for negotiations and consider both parties' needs and interests.
- Option Development meetings: The team convenes and participates in a series of meetings outside the courtroom. In the meetings, the parties, with the assistance of the professionals, work through options for resolution with mutually agreeable terms. Good faith, transparency, and open communication are essential during these negotiations. The goal is to find solutions that work for both parties and their families. The existence of option development meetings is where this process is very different than others used in Family law. Here the parties obtain and review the information, discuss options for resolution, and then can take time to digest the information before committing to a particular option.
- Finalizing the agreement: Once all divorce-related matters are resolved, the attorneys draft the necessary legal documents and the spouses review and sign. A judge then reviews the agreement and approves and grants the divorce.
Collaborative divorce differs significantly from traditional litigation, where the atmosphere can be more adversarial. In traditional litigation, spouses often approach the process to “win” certain aspects of the divorce, which can lead to heightened conflict and contention. Litigated cases are presented in court, and a judge decides on various issues. While litigation is necessary for some cases, it often costs the parties more time and money and takes a toll on the emotions of everyone involved.
Conversely, collaborative divorce emphasizes cooperation, open communication, full disclosure and finding mutually agreed-upon terms that suit your family. Parties and their collaborative team work together to create solutions, fostering a less adversarial and more cooperative environment to help reduce stress and conflict during the divorce process. Using the collaborative process allows the parties themselves to maintain control of their divorce.
Why Choose Collaborative Divorce in Texas?
Choosing to have a collaborative divorce offers several advantages for spouses, making it an attractive option for those seeking an amicable and efficient resolution.
Below are some of the benefits of this process:
- Confidentiality: Collaborative family law communications are privileged and confidential. You still maintain attorney client privilege with your attorney and then additional confidentiality amongst the team. Case facts and the party’s financial information are not disclosed in open court or court documents like in traditional litigation, providing both parties and their families an additional level of privacy and security.
- Customized resolutions: In collaborative divorce, the spouses maintain control over the resolutions. They can decide what’s in the best interest of their family rather than having decisions imposed by a judge. This level of customization aligns the parenting plan and final property agreement with the family’s unique needs and circumstances.
- Convenience: Collaborative divorce allows the parties to schedule meetings at times that work for them without being bound by the court’s schedule. This flexibility is especially valuable for busy individuals and families who want to manage divorce on their own terms. Additionally, because the process follows a set plan of action it can often lead to a case being resolved in much less time than a traditional litigated divorce.
- Cost-effective: Collaborative divorce tends to be more cost-effective than traditional litigation. Handling matters outside the courtroom helps parties avoid the expenses related to preparation and attendance at lengthy proceedings. Parties work with their lawyers and the professional team, typically meeting in an office rather than going to court. The parties also use one financial neutral to gather and present the information needed to properly evaluate the estate. In litigation each party pays for their attorney and often an expert to gather and organize the financial information thereby often doing double the work gathering, preparing and then presenting of the data to each side.
- Reduced stress and conflict: Collaborative divorce emphasizes cooperation and open communication, reducing the potential for heightened stress and conflict common in litigated divorces. Parties can benefit from mental health neutral who assists in the drafting of the parenting plan and in helping the parties learn now to communicate properly during and after divorce. This approach fosters a more amicable atmosphere, promoting a smoother transition for both parties.
The Role of Attorneys
Collaboratively trained lawyers using collaborative principles can facilitate a smoother process. At Burrows Law Group, we have a wealth of experience handling divorces in Denton County, Texas and the surrounding counties. Our firm has a strong track record both inside and out of the courtroom. Our extensive experience gives clients confidence that their cases are in capable hands. Our collaborative training along with our court experience allows our attorneys to properly evaluate your case and advise you as you consider the options available to you to resolve your divorce.
Our dedicated team of family law attorneys is committed to providing unwavering support and guidance throughout your divorce process. We understand the laws and procedures involved in divorce proceedings, and we can explain them to our clients in a straightforward and informative manner. We help our clients understand what to expect at each stage, empowering them to make informed decisions aligning with their best interests and goals.
To speak with one of our lawyers about options to consider for your case, please contact us at (972) 236-7798 today.
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