Texas collaborative law solutions have been growing constantly since their introduction in 2001, and when the Uniform Collaborative Law Act was adopted into Texas law in 2011. Collaborative family law specifically helps reduce adversarial litigation in court and preserve family bonds by offering creative and cooperative solutions to family law disputes. Family law litigations like contested divorces can be messy and complicated, leading to stress and broken relationships for both spouses and children from the marriage. Collaborative divorce solutions can help avoid these issues and provide a better way for families to resolve their differences, with the help of a collaborative divorce attorney.
Collaborative law may not look like what many people imagine a legal case would. A collaborative divorce attorney will help their client navigate legal challenges and find solutions to create a divorce settlement that is legally sound, fair to the divorcing spouses, and accepted by the Texas courts. Additionally, these negotiations and decisions happen outside of the courtroom, with spouses working together with their respective counsel to find new and creative solutions that uniquely benefit them and their relationship. Speak with a skilled collaborative divorce attorney from Zegen Law Firm, PLLC today to learn more about your collaborative law options. Call the office at (972) 653-0448 to schedule a consultation with a divorce lawyer.
What is Collaborative Family Law?
This branch of law was established in the state by the Texas Collaborative Family Law Act of 2011. However, collaborative law is more than a state statute. This field of law is an established and growing legal tradition, where the collaborative lawyers of each client come together to solve the dispute without taking the case to court. While the process is similar to mediation or other forms of Alternative Dispute Resolution (ADR), it is unique in that the two clients and their respective lawyers are the primary driving force in negotiations. Other neutral third parties may be involved, but the core of the legal process is the two parties and their counsel working together to find an agreeable solution.
In divorce cases, a collaborative divorce attorney from each spouse will notify the courts of the intention to resolve the divorce case via collaborative law. Once this is done, the divorcing couple has leave to negotiate the issue and create a marriage settlement to present to the courts once both parties can agree on the contents. In most cases, a collaborative divorce attorney will be barred from representing their client should they choose to pursue litigation, to provide additional incentive to resolve the issue cooperatively.
Why Choose a Collaborative Divorce Attorney in Texas?
While some divorcees may choose to pursue a typical divorce through mediation or litigation, a collaborative divorce attorney in Texas can provide many benefits and advantages that the standard legal process cannot. Considering all the available options and evaluating the benefits can help divorcing couples find the right process for them. Understanding the benefits of hiring a collaborative divorce attorney can help divorcing couples make an informed decision and could save money, time, and heartache.
Speak with an experienced collaborative divorce attorney from Zegen Law Firm, PLLC today to learn more about your legal options.
Privacy and Confidentiality
Civil cases in Texas are a matter of public record due to the importance of transparency in the court process and accountability for legal professionals. However, the collaborative law process happens out of court. This method of resolving divorce settlements allows divorcees to negotiate and agree on a settlement without the intervention of the courts, meaning that collaborative divorce is much more private and confidential. Many couples may find this aspect of collaborative divorce appealing, as divorce can be an intensely painful and vulnerable affair.
Creative Solutions
Another benefit of the collaborative law process is the option for creative solutions that are directly tailored to the needs and desires of the couple in question. According to the State Bar of Texas, a collaborative divorce attorney will work with neutral parties, such as financial advisors, mental health professionals, and other experts relevant to the divorce, to develop numerous plans and strategies for how to resolve issues like marital property distribution, child custody, and alimony. These neutral third parties will often develop multiple plans and options that allow for flexibility for the divorcees to find new and creative options that a court may not have proposed.
Reduced Conflict
Litigated divorces can become messy and emotionally complicated very quickly. The adversarial nature of divorce cases in court can quickly lead to accusations, fights, and relational tension. There is often little to no cooperation in a litigated divorce, which can quickly spiral into animosity and conflict outside the courtroom. Collaborative divorce, on the other hand, helps foster mutual respect by encouraging divorcing spouses to work together and end the relationship amicably.
Compromise and conversation are at the heart of collaborative law, and a collaborative divorce attorney can help steward this environment to help craft an effective divorce settlement. This benefit may be even more desirable for divorcees with children, as the reduced tension and respect can provide them with an added sense of stability and comfort in a confusing time.
Convenience and Flexibility
Collaborative divorce also offers more convenience and flexibility for divorcing spouses. In a litigated divorce, divorcing couples are often at the mercy of court schedules and other delays. A collaborative divorce attorney helps reduce this friction by working directly with the spouses and tailoring meetings and negotiations to their schedules. Without the intervention of the courts, divorcing spouses also have a greater degree of control over the outcome of the case.
Benefits of Collaborative Divorce Over Litigated Divorce
Collaborative divorce is often preferable to litigated divorce, as it helps save time, money, and heartache. Collaborative divorce lawyers are skilled to help inform their clients of the law and help craft a divorce settlement cooperatively with both spouses. However, not every divorce is right for collaborative law. A collaborative divorce attorney can only help spouses to the extent that they can collaborate with each other. In some cases, such as divorces where abuse, marital misconduct, or criminal charges are present, collaborative law may not be effective or may even put one of the parties in danger. Divorcing spouses must understand when collaborative law is appropriate. However, when these complicating factors are not present, collaborative divorce may provide significant benefits to both spouses.
Speak with a Texas Collaborative Divorce Attorney Today
Collaborative law in Texas is a highly effective way to resolve divorce cases, offering high levels of privacy, conflict reduction, and costs in time and attorney fees. Avoiding a lengthy and costly litigation is often incredibly helpful for divorcing spouses in an already stressful season of life, along with the many other benefits provided by the process. For more details, speak with a skilled divorce lawyer from Zegen Law Firm, PLLC in a personalized consultation. Call (972) 653-0448 now to schedule your consultation with a collaborative law divorce lawyer.
With thirty years of experience Robin Rubrecht Zegen will help you identify and prioritize your goals and she will explain the options available for achieving them. She guides her clients through the transition while helping them maintain their relationships and dignity.
She is a member of the State Bar of Texas Family Law Section; Dallas Bar Association Family Law Section; Collin County Bar Association Family Law Section; Frisco Bar Association, and Plano Bar Association. She is a Master of the Bench in the Curt B. Henderson American Inns of Court.