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Top 10 Reasons for a Collaborative Divorce in Texas

Kristen A. Algert | December 8, 2023

Choosing the right approach for your divorce can be a complex decision, given the numerous dispute resolution options available. It may be challenging to discern which one aligns best with your unique relationship and situation, especially when the distinctions between each option are unclear.

One such option to consider is Collaborative Divorce, a method designed to keep divorce matters out of the courtroom. Yet, are there potential advantages or disadvantages to pursuing this process that you should be aware of? Undoubtedly. However, for most individuals, the benefits of Collaborative Divorce can far outweigh the potential disadvantages.

For some individuals, signing the collaborative participation agreement could be viewed as a downside, given that the agreement specifies that if either spouse decides to “opt out” and return to litigation, both spouses must engage new trial attorneys, as collaborative lawyers are required by Texas law to withdraw. This means that if the Collaborative process proves unsuccessful, you’ll need to initiate the divorce process anew.

On the flip side, the participation agreement creates a safe structure for open and constructive dialogue and incentivizes participants to stay in the process. As for advantages, here are ten compelling reasons to consider a Collaborative Divorce.

1. Agreements, not War

Collaborative Divorce is a dispute resolution process that enables s spouses to retain control over the outcome by committing to resolving  divorce issues outside of court. A Collaborative Divorce involves direct negotiation between spouses in joint meetings with lawyers present. Everyone signs an agreement at the beginning of the case, committing to reach a final agreement and not go to court to resolve differences. Neither spouse can force the other spouse to settle; the final settlement must be acceptable to both spouses. All of the issues resolved in a traditional divorce are also resolved in a Collaborative Divorce, including who moves from the marital residence, how parents share time with children, how to meet the financial needs of the children, how bills get paid, and how to divide property.

2. Legal Advice

Each spouse has a lawyer trained to handle Collaborative Divorces. Collaborative training emphasizes the need for lawyers to balance advocacy with wise counsel and problem-solving. Everyone must have a lawyer to level the playing field and give each client the benefit of expert legal advice throughout the case.

3. Efficiency

Clients and their families move from point A to point B in the most time-efficient, cost-efficient way possible under the circumstances. Participants do not rely on the availability of courts or judges to set deadlines or timelines for the case. Collaborative lawyers regularly help clients analyze the costs versus possible benefits of various decisions and outcomes.

4. Control

Collaborative clients control the speed of the case, the costs of the case, and the outcome of the case.

5. Parenting, Communication, and Financial Advice

Clients have the opportunity, but not the obligation, to work with other experts to help them with specific parts of their case. For instance, a mental health professional can help improve communication and create a parenting plan. And a financial professional can gather financial information, create an inventory of the marital estate, and advise on post-divorce budgets.

6. Creative Solutions

Judges are limited to orders based on the Texas Family Code, but collaborative clients may want outcomes based on what is best for their family, not based on the code. Because clients are not relying on judges for answers, clients have the option to choose other solutions to the issues in their case that work better for their specific family.

7. Transparency

All relevant information is exchanged voluntarily between the parties and lawyers, eliminating the need for costly formal discovery. Only after everyone is fully informed can negotiations begin.

8. Neutral Experts

Collaborative Divorce lawyers have a list of valuable resources to address myriad issues that arise in a divorce. If other experts are needed (e.g., appraisers or accountants), only one expert is hired, by agreement, and the expert is neutral. The expert provides their expert opinion to both parties. This process is more practical and cost-effective than each client hiring their own expert to duel with the other.

9. “Interests” versus “Positions” Process

At the onset of the case, the lawyers help clients identify their concerns and their most important goals, also called their interests. Interests are what cause a client to take a specific position on a given issue. Instead of haggling over positions (Ex: each spouse wants to own the only car), the group focuses on interests (Ex. each spouse desires a way to get to and from work).

10. No Surprises

Unilateral action of any kind is discouraged. Joint meetings are governed by an agenda prepared in advance. Clients are not required to discuss any topic they are not prepared to discuss. And clients receive a case road map so they can identify where they are in the process and how their case is progressing.

Learn More About the Advantages and Possible Disadvantages of Pursuing a Collaborative Divorce

Collaborative family lawyer Kris Algert is one of the most knowledgeable and experienced attorneys in Austin. Celebrated for her respectful and constructive approach to problem-solving, she was named Best Lawyers “Lawyer of the Year” for Collaborative Law in the Austin area in 2013, 2016, 2018, and 2020. She is also Board Certified in family law by the Texas Board of Legal Specialization and a Master Credentialed Collaborative Professional by Collaborative Divorce Texas.

Please contact Kris Algert today at 512-454-8791 to learn if Collaborative Divorce is the right solution for you.

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