Texas Negotiated Divorce Attorneys
Reaching an Agreement Out of Court
When contemplating divorce, many spouses fear a drawn-out, expensive court battle. Although disagreements are to be expected during the divorce process, that does not mean things cannot be settled outside of court.
Over the last 20 years, there has been a gradual societal movement away from divorce court trials and toward negotiated resolutions. Spouses who want to preserve a co-parenting relationship, privacy or want to avoid the cost and collateral damage caused by a final trial are increasingly finding solutions through a process of negotiation to achieve their objectives.
A negotiated divorce may be right for you. A negotiated divorce allows you to make your arrangements with an experienced Texas family lawyer facilitating the negotiation without stepping into a courtroom. In fact, about 95% of all Texas divorce cases ultimately resolve without a contested trial. So even if you and your spouse have areas of disagreement or complex financial or child custody issues, a negotiated divorce is still a viable option for achieving a constructive out-of-court resolution.
What Must You Agree on to Achieve a Negotiated Divorce Agreement in Texas?
Across the board, there are standard issues you must agree on during divorce. These include:
- division of property
- allocation of debt
- alimony (spousal support)
- parenting time
- child support
Coming to an agreement with your spouse on all of these issues can be challenging, but with the assistance of a family lawyer skilled in negotiation, you can find a resolution that works for you both.
How Can You Achieve a Successful Divorce Negotiation?
One of the best ways to achieve a successful divorce resolution out of court is to have an attorney on your side who understands your situation, your spouse, and your desired outcome. The best negotiators know how to anticipate, adapt, and customize their messages to achieve an optimal result. Negotiation is a skill — a skill that our experienced divorce attorneys have.
On your part, it’s important to keep in mind that negotiation often takes compromise and an understanding of the mutual interests of both you and your spouse. Speak to your attorney about your highest priority goals. Let your attorney know what issues you are flexible on and what issues you want to stand your ground. Ask your attorney about how to negotiate based on interests versus positional bargaining. Without give and take, the divorce process will become drawn out and may eventually have to go to court. But with the right guidance, mindset and focus you can work with your attorney to achieve the result that is right for you and your family.
Is a Negotiated Divorce Right for Me?
A negotiated divorce is right for spouses who believe that a resolution can be reached without the interference of a judge. They may want to settle out of court to avoid a contentious divorce for the sake of their family, or they may be high profile in the community and want to keep things private. No matter the motivation, a negotiated divorce is an excellent option for couples who want to settle their divorce without court involvement.
Is it Possible to Have an Amicable Divorce?
Despite what you’ve seen in movies and heard from divorced friends, it is possible to split amicably without the necessity of court intervention from your spouse. It will take patience, communication, and compromise, but it is far from impossible.
Is a Negotiated Divorce the Same as a Collaborative Divorce?
No, a Collaborative Divorce differs from an information Negotiated Divorce. A Collaborative Divorce is authorized by statute and involves the spouses and lawyers signing an agreement committing not to go to court to resolve differences. In a successful Collaborative Divorce, the couple ultimately negotiates and agrees on all terms of their divorce settlement, but each spouse has a lawyer and other professionals to facilitate the process. A Negotiated Divorce is more informal and may or may not involve two lawyers or other support professionals.
Work with Our Experienced Texas Divorce Attorneys
At Goranson Bain Ausley, our goal is to educate you on your options, so you have more control over your future while saving you time and money. Our experienced Austin, Dallas, and Plano attorneys have the skills you need to negotiate a resolution that meets the needs and interests of you and your family.