Last week we introduced the concept of collaborative divorce. If you missed that short essay, you can find it here. This week we discussed some of the cool features and benefits of the collaborative divorce process. If you missed it, you can read it here. In that essay I mentioned safety as a feature of the process, but I did not go into detail about it. I’d like to explore the issue of safety within the collaborative divorce a bit further in this essay.
We have all heard about how dangerous hotly contested family law cases can be. In fact, just this past week in the Dallas/Fort Worth area there was a husband who shot and killed his wife and several of their mutual friends before killing himself at a party the wife was throwing at her house. The wife had recently filed for divorce. By all accounts, the husband just couldn’t handle the thought of getting a divorce.
As another example, in Tarrant County, Texas, lawyers who practice criminal defense can pay a fee, get an ID card, and with the card, walk around the metal detectors at the criminal court building. However, those of us who practice family law do not have that luxury. The powers that be have decided that family law is just too dangerous to allow family lawyers to bypass the metal detectors. So even though most of us family lawyers are in the courthouse several times per week—every week—we are required to do the metal detector thing. I digress.
But did you know that the collaborative divorce process actually has some safety features built into it? Unlike the traditional adversarial divorce process where any client can hire a lawyer and bring suit against any other person, in the collaborative divorce process, the lawyers must screen their clients for indicators of violence! The Texas Family Code REQUIRES a lawyer make reasonable efforts to ascertain the client’s history and propensity for family violence, and if the lawyer does not believe the danger can be mitigated, the client is not allowed into the collaborative divorce process.
What this means can be truly powerful. If a person is concerned about how their spouse may act in court, the collaborative divorce process can be an excellent avenue of reducing or completely alleviating the dangers of family violence. Additionally, because the parties in a collaborative divorce work together against problems instead of working against each other, there is less reason and opportunity for things to get truly ugly and potentially violent between the parties.
Youngblood Law, PLLC is a Fort Worth, Texas family law firm that uses a holistic approach to help people get on with their new life by getting done with their old life. #beforeyournext make sure this spouse is your ex! Youngblood Law, PLLC, is excited to offer the collaborative divorce process to our clients. This essay is intended for educational use only, and is not a replacement for competent legal counsel. If you are facing a family law matter, we recommend obtaining competent legal counsel like Youngblood Law, PLLC. For more information contact us at 817-601-5345, find us on the web at www.youngblood-law.com, or on your mobile device, open your browser and type in lawfw.biz and press Go.
Paul Youngblood #beforeyournext #lawfw #youngbloodlaw #singleforjinglejingle #collaborativedivorce #beingdivorceddoesntsuck