Divorce can be complicated, messy, and painful. But sometimes, the spouses agree to part ways amicably with a relatively smooth divorce. If you are going through a divorce and would like to work out the issues with your spouse collaboratively, a collaborative divorce might be the best option for you.
While collaborative divorce is not for everyone, it can benefit those seeking to go their separate ways peacefully. Rather than embark on a competitive and litigious process, where each party and their attorneys treat the divorce like a zero-sum game, you can choose to pursue a collaborative divorce in Texas. But before you decide on collaborative divorce, make sure it is the right course of action for you and your spouse.
What is Collaborative Divorce?
In a collaborative divorce, both parties meet in a neutral setting with their collaborative divorce attorneys. During the meeting(s), they identify their specific goals and concerns, then work together to reach a settlement that works for each spouse. They will seek agreement on a financial settlement and division of assets, spousal support, child custody, and various other concerns.
On some occasions, couples who pursue collaborative divorce agree to bring in outside professionals in addition to divorce attorneys to ensure a fair result. If desired, financial advisors may analyze the finances to ensure a mutually beneficial outcome. And sometimes, family counselors participate in the process as consultants, especially when the couple has children together.
One of the benefits of collaborative divorce in Texas is that it often involves less paperwork than a typical divorce involving litigation. To pursue a collaborative divorce in Texas, you must file three pleadings:
- Original petition
- The collaborative law participation agreement
- Final divorce decree
Is Collaborative Divorce Right For You?
Collaborative divorce isn’t suitable for everyone. Sometimes, it is in the best interest of one or both parties to hire a divorce attorney and proceed through the normal divorce litigation process. But suppose you and your spouse are committed to working things out reasonably and amicably. In that case, collaborative divorce could be the best option, particularly if you and your spouse are on the same level financially and emotionally.
Are you both high-earners and want to keep your own money? Do you wish to keep your divorce relatively private and out of the courts? If so, collaborative divorce could be beneficial. However, it is vital to have a delineated plan for dividing your assets fairly. If this sounds like you, you will simply need a family law attorney or divorce attorney with experience in collaborative divorce to help negotiate the legal details of the settlement.
When Collaborative Divorce Is Not a Good Option
If there is a significant wage-earning imbalance between you and your spouse, collaborative divorce may not be your best option. If you run into problems during the process, a judge cannot step in and make a settlement. You will continue meeting with your spouse and collaborative divorce attorneys until you reach an agreement, which can result in rising legal fees.
If, after several meetings, you cannot agree and decide to pursue a litigated divorce, you will also have to find a new divorce attorney because you cannot use your collaborative divorce lawyer for a litigated case. This situation will contribute to your accruing legal fees, not to mention the amount of time it can take to find and get comfortable with a new family law attorney.
For these reasons, you and your spouse must be on the same page before pursuing a collaborative divorce.
Youngblood Law, PLLC: Definitive, Decisive, Dedicated
Are you ready to begin a collaborative divorce in Texas? One of our collaborative divorce attorneys at Youngblood Law, PLLC, can explain the process and help you determine if collaborative divorce is a beneficial option for you.
At Youngblood Law, PLLC, we provided custom work for each client, understanding that divorce and family law is not a cookie-cutter, one-size-fits-all strategy. For us, success is a way of life. We approach every case with compassion and non-judgment, utilizing our years of experience and knowledge of the law while avoiding unnecessary toxicity. If you choose the collaborative divorce path, we will work diligently and proactively with you, your spouse, and your spouse’s counsel to reach a fair and agreeable result for both of you.
Are you committed to parting on good terms with your spouse? Our collaborative divorce attorneys stand ready to help. We’ll not only handle your divorce with professionalism and competence, but we’ll also set you up for success moving forward.
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