The American Bar Association (ABA) states that alternative dispute resolution (ADR) offers numerous potential benefits. ADR can resolve various disagreements, from contractual disputes to personal injury lawsuits. Families in Texas also use ADR to resolve their divorces, and one example of ADR is “collaborative divorce.” Although this is not the only type of ADR available to divorcing spouses, it is growing in popularity. Also known as collaborative law, this strategy is relatively new compared to other methods like mediation and arbitration. Why might spouses want to resolve their differences through collaborative divorce? Can this method protect family members from some of the most common divorce-related issues? Consider continuing this educational process alongside an experienced family law attorney in Texas. Families in Dallas, Collin, Rockwall, and Denton Counties can contact Zegen Law Firm, PLLC at (972) 653-0448.
What Is Collaborative Divorce in Dallas?
Collaborative divorce was conceptualized by an American divorce lawyer called Stuart Webb in the early 90s. At this point, the two most common forms of ADR were mediation and arbitration. Webb imagined a third possibility, similar to these methods but with slight differences. To understand what makes collaborative law distinct, one first needs to understand how mediation and arbitration work. In both of these approaches, spouses negotiate in private with help from a third party. This third party is supposed to be neutral, and they are responsible for “refereeing” the discussions between spouses. In mediation, a mediator can suggest resolutions for divorce-related issues, such as property division and alimony. In arbitration, the arbitrator makes legally binding decisions on these issues that spouses must accept.
Collaborative divorce is distinct because it allows each spouse to bring their own lawyer to the negotiation table. Instead of relying on a single third-party to oversee these negotiations, the spouses can turn to their own counsel for guidance throughout the process. While collaborative lawyers advocate for the best interests of their clients, they also help both spouses work toward resolutions that serve the best interests of all parties. Like other forms of ADR, collaborative law is a voluntary process. Spouses can walk away from the negotiation table at any point, or they can refuse to participate in this process from the beginning. As a result, collaborative divorce attorneys usually understand the need for cooperation and compromise. This approach is very different from the combative, “me vs. you” mindset of a divorce trial in court. If the collaborative law process fails, the spouses must fire their respective lawyers and hire new ones.
Collaborative Divorce Can Protect Families From Excessive Costs
Collaborative divorce is often more affordable than litigation (divorce trials). This affordability stems from the speed of the process. When spouses spend less time on their divorces, they do not have to pay their lawyers as much. This can dramatically reduce overall costs, especially during amicable divorces with few disagreements to resolve. Spouses can theoretically finalize a collaborative divorce within weeks, especially since Texas has no mandatory separation period for divorcing spouses. The Texas State Law Library makes the distinction between “uncontested” and “contested” divorces, noting that contested divorces are “more complicated.”
A collaborative divorce is an example of an uncontested divorce. During a contested divorce, spouses must go through the trial process. Not only is this more time-consuming, but it may also lead to additional court fees and expenses. Note that if collaborative divorce fails, spouses may need to proceed with the trial process. In this situation, the added cost of a failed collaborative divorce represents a waste of funds rather than savings. As a result, spouses should think carefully about whether collaborative divorce has a high chance of success. Spouses may be able to evaluate these chances alongside Zegen Law Firm, PLLC.
Collaborative Divorce Can Protect Families From Mental Health Issues
Collaborative divorce may protect family members from mental health challenges due to its focus on cooperation and compromise. The combative aspects of a divorce trial can be extremely stressful for all family members, including the spouses, children, and other relatives. When the focus is on “scoring points” and “winning” during trials, some parties may emerge as clear “losers.” This can lead to lasting feelings of resentment and bitterness, causing serious rifts between family members for the foreseeable future.
Many spouses forget that ongoing communication and cooperation may be necessary for years after the divorce, especially if there are children involved. When these rifts form after litigation, future legal action becomes more likely. This might include appeals, petitions for modification, and other concerns. As a result, families who choose litigation instead of ADR might find themselves constantly returning to court in order to settle old scores. Collaborative divorce can lay the groundwork for healthy, cordial relationships that continue long after spouses go their separate ways. Children may also experience more positive psychological outcomes when they see their parents working together instead of fighting in court.
Collaborative Divorce Can Protect Your Privacy
Finally, collaborative divorce can protect families from the prying eyes of the public. When spouses choose litigation, the details of their divorces become visible to everyone. Trials are inherently transparent and open to the public, which could be concerning for various spouses. If the divorce includes embarrassing details, sensitive topics, and financial information, spouses may prefer to negotiate behind closed doors. This could be particularly important for business leaders, public figures, celebrities, and other individuals who depend on their reputations. Collaborative divorce discussions remain confidential, and spouses who participate in these negotiations often sign non-disclosure agreements (NDAs).
Learn More About Collaborative Divorce With Zegen Law Firm, PLLC
While collaborative divorce may offer various benefits, this may not be the most appropriate choice for every family. In fact, collaborative divorce is not even possible in cases where litigation is the only viable option. In addition, spouses may want to consider other forms of ADR, such as mediation and arbitration. While all types of ADR share certain features, each variant also offers its own unique pros and cons. With all that said, the first step is to ensure both spouses are willing to attempt ADR. This is a voluntary process that both spouses must agree to try. A discussion with a Texas family law attorney may provide spouses with greater confidence and understanding about ADR as a whole. Continue this conversation with Zegen Law Firm, PLLC by contacting us at (972) 653-0448. We serve families in Texas cities such as Dallas, Plano, McKinney, Wylie, and Allen.
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.