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Although it has been a part of the Texas family code since the early 2000s, not all family law attorneys are familiar with Collaborative Divorce, and even fewer are trained in this emerging area of family law. Collaborative Divorce allows the divorcing parties to work out the terms of their split with the help of their own collaborative attorneys as well as other neutral professionals such as a financial professional and child development or mental health professional.
Collaborative Divorce is forward-looking in that it focusses on the future of the divorcing couple and their children after the divorce is final. Each party has their own attorney who, with the help of neutral professionals, focusses on helping the parties work out the details of their divorce.
It is a less adversarial process than a traditional divorce; however, that does not mean that there are not some tough issues that need to be worked through during the process. The existence of these issues does not mean that collaborative divorce is not right for a divorcing couple. There is not a need for a divorcing couple to agree on everything to successfully navigate the collaborative divorce process, but only to be committed to ultimately finding a solution. A less adversarial process generally means that it is also less destructive.
Collaborative Divorce may or may not be as expensive as a traditional divorce, but it is a more efficient process than traditional divorce. In the Collaborative model your time is spent working toward your agreement, not sitting in court waiting for your hearing to begin, gathering needless documents, or watching lawyers fight over discovery details. You will spend far less time in court with a Collaborative Divorce. It is likely that you will only need to be in the courtroom briefly for a short prove-up at the end.
For this reason, it is also a more private process. Courtrooms are a public venue, as are documents that are filed with the court. The Collaborative model allows divorcing couples to work out the details of their divorce in private offices instead of in a public courtroom.
Collaborative Divorce gives the parties greater control over their post-divorce lives because it is the parties themselves, with the aid of their attorneys and neutral professionals that are experienced in their particular field, that make the decisions that affect their lives, not a Judge that doesn’t know the parties and may not have a clear understanding of the situation. Collaborative Divorce is different from mediation, although mediation may be a tool that can be used within the collaborative model.
If you are curious about Collaborative Divorce, the best way to understand what it is and if it may be right for you is to talk to an attorney who is trained in Collaborative Divorce. You can text or email Rich directly from this website if you would like to set up a consultation.
To learn more about Collaborative Divorce and whether it may be right for you, call, text or email Rich Powers to set up an appointment for a consultation.
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