Divorce: the Collaborative Approach in Texas
Through the collaborative method, a husband and wife reach a mutually agreed upon divorce settlement agreement, as an alternative to costly divorce litigation.
July 01, 2009 /24-7PressRelease/ -- Divorce: the Collaborative Approach in Texas
Article provided by Loughmiller Higgins
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What Is the Collaborative Law Approach?
Texas attorneys have employed the collaborative law approach in divorce matters since 2001, pursuant to Family Law Code sections 6.603 and 153.0072. Through this method, parties must make a good faith effort to reach a divorce settlement agreement, which must then be approved and finalized by the court. Collaborative law is an alternate way for parties to resolve a dispute, without having to go through traditional litigation.
In Texas, the parties involved (a husband and wife in Texas divorce cases) must agree to certain principles before they can participate in a collaborative divorce. First, the spouses must agree that if they cannot reach a mutual agreement during negotiations, they will not take the disputed issue to court. Second, both parties must agree to provide information readily and truthfully to avoid discovery costs and to help create a neutral environment. Third, the parties' lawyers must agree to withdraw as counsel if a settlement agreement cannot be reached. Last, the parties must agree to base their negotiations on the interests of all members involved. This may include present and future needs of the husband, wife and children.
What to Expect During a Divorce?
Persons participating in a collaborative divorce have a team of professionals to help them reach an agreement. The team consists of the husband and wife, lawyers for both parties, a mental health professional to lead the negotiations (keep the meetings on track and speak with parties individually), a financial expert (collect information, analyze and help parties understand their finances) and any other expert deemed necessary for successful negotiations (such as a child advocate, tax specialist, estate planning professional or insurance specialist).
The facilitator (mental health professional who leads the negotiations) will conduct a series of meetings including one-on-one discussions with each party (his or her lawyer may be present) and group negotiation sessions with both parties and their lawyers. Each meeting will have a specific agenda that will focus on the parties' issues and goals, and give each party an opportunity to speak freely and listen to each other's feelings, perspectives and concerns. During these negotiations, parties will also share information and if agreed upon, additional team members (experts or specialists in certain areas) may be included to help flush out an issue. After all the issues and concerns have been presented, the parties must work together (with the assistance of their attorneys, specialist(s) and the facilitator) to explore options and reach a settlement that both can agree to. If one or both parties wish to terminate the process at any time, they may do so. Then the alternative is to litigate the divorce with new legal counsel.
How Can Collaborative Law Help in a Divorce?
Divorce using the collaborative method may be attractive to many people for various reasons. As compared to litigation, collaborative law many help resolve issues more quickly (often weeks as compared to months or even years) and is often more cost effective; persons do not have to deal with expensive legal fees including court costs. Some people also want to avoid the hassle of going to court and the emotional toll litigation may have on the divorcing spouses and their children.
Collaborative law can also be more private than a traditional divorce. All negotiations and meeting remain confidential and because there are no public court appearances, the parties' financial records and personal issues are not put into a court file, which could be publicly accessible.
Additionally, the collaborative approach fosters an environment that is safe and neutral to both parties. Before beginning the process parties agree to treat each other with respect and listen to each other's viewpoints and possible solutions. Parties can come up with a plan that makes sense for them and is not handed down by a judge who may not know their specific personal issues and family dynamics. Even though divorce is often a negative situation, through collaborative law, people are able to work together to create the best solution for the future of their children and family relationships.
However, the collaborative method is not the best choice for all individuals. Persons must be willing to work together in this nonadversarial method. The goal is to reach a fair solution for both parties. If one party attempts to control the other, or instill fear or apprehension; is dishonest during negotiations; or will not listen or cooperate with the other party, the collaborative method will not be an option. The collaborative approach will also not be an option in cases of domestic abuse, where one or both parties are mentally or emotionally impaired, or if substance abuse is an issue.
Contact a family law attorney in your area to learn more about the collaborative method and if it is the best choice for you. A lawyer who practices collaborative law will be able to answer your questions, discuss your options and help you prepare for the collaborative process.
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