Not all divorces are contentious processes filled with conflict and hurt feelings. Some marriages end with a mutual agreement to separate without hard feelings. To allow couples the opportunity to avoid a lengthy court divorce process, the Texas government has provided collaborative divorce as an alternative. While couples still must create a marriage settlement contract and present it to the courts, this process is much less intrusive and provides a greater degree of control and flexibility.
However, the collaborative divorce process in Texas has specific and unique considerations that may influence how a case is handled. Accounting for these nuances when choosing to pursue a collaborative law divorce can help avoid miscommunication and streamline the divorce process. This can help maximize the benefits provided by collaborative divorce, allowing couples to avoid lengthy court battles and have greater control over the decisions made.
The divorce process can be easier with the assistance of a Dallas divorce attorney from Zegen Law Firm, PLLC. Schedule an initial consultation with a lawyer today by calling (972) 653-0448 to learn more about your legal rights.
What Is Collaborative Divorce?
Collaborative law is a common legal phrase referring to two parties negotiating and coming to a decision without the intervention of the court. However, in Texas, collaborative divorce in particular may refer to the Collaborative Family Law Act, which sets forth specific rules and boundaries for collaborative family law in the state. The collaborative divorce process allows divorcing couples to create their own settlement agreement, providing more control and increased privacy. This process generally involves notifying the courts of the decision to pursue collaborative law, then negotiating with the assistance of divorce attorneys to settle the family law issue.
Benefits of Collaborative Divorce
The divorce process can be long and frustrating, but collaborative divorce offers many benefits and advantages that can counteract these challenges. Texas law states that the creation of collaborative law statutes is intended to provide alternatives to the intervention of a tribunal. Pursuing a divorce through the Texas court system can be costly and time-consuming, and the determinations of the court are binding. Collaborating to settle family law matters outside of court can help avoid these things and open up new opportunities for legal strategies.
Reduced Conflict
One of the primary benefits, most common in divorces with children, is the reduced conflict provided by collaborative divorce. Trials can be complex, frustrating, and are likely to bring up old hurts and disagreements. For families with children, this intense conflict can be damaging and discouraging. Fortunately, the divorce process for collaborative law divorces allows divorcing parents to come to acceptable compromises on their own. This is also a benefit when considering co-parenting after a divorce, as it may help reduce the resentment over court decisions.
Lower Cost and Time Investment
Legal battles are long and costly, particularly because the court then plays a part in determining the timeframe of the case. In a collaborative divorce, divorcing couples can carry out their plans at their own pace. Without the legal hurdles presented by the court, collaborative divorcees may be able to complete the divorce process relatively quickly. Additionally, attorney fees may be reduced without a court trial, although some couples choose to hire mediators and other professionals, which could impact cost.
For more information on the collaborative divorce process, speak with an experienced Texas divorce attorney from Zegen Law Firm, PLLC.
Privacy
Another key benefit of the collaborative divorce process is privacy. Court trials are a matter of public record, which means anything discussed in the course of the trial becomes public record as well. For families who value privacy, as well as for high-net-worth individuals with complex marital property, collaborative law can help protect against damaged reputations and other negative consequences. Confidentiality is much easier to secure in a collaborative divorce.
Standard Divorce Process for Collaborative Law
While the standard divorce process involves petitioning for divorce, compiling evidence, building a case, and then presenting an argument in court, the collaborative divorce process is much more legally concise. However, this does not rule out interpersonal complications. A large majority of the collaborative divorce process is made up of negotiating with the other spouse to find a mutually beneficial agreement. This means that understanding your legal rights and preparing to advocate for them is essential.
Collaborative Law Notice
The beginning of the collaborative divorce process is usually initiated by a divorce lawyer who can evaluate a case and ensure that the parties involved are well-suited to collaborative law, according to the State Bar of Texas. Once both parties agree to participate in collaborative law, the relevant legal professionals will help submit a collaborative family law participation agreement. This will officialize the decision to pursue an out-of-court solution.
Discuss the Case
Once this is done, the parties will then begin negotiations to settle on an agreeable divorce settlement. This is generally the most complex and time-consuming step in the collaborative divorce process. More often than not, neutral third parties will be involved in addressing complex issues such as the division of marital property, the valuation of assets, and the assignment of child custody. Couples must agree on how to proceed with these issues, creating a mutually agreeable marriage settlement to present to the courts. Many couples rely on family mediation and other third-party professionals to help them achieve this.
Finalize Divorce Settlement
Once both spouses can agree on the issues of child custody, child support, alimony, property division, and other contentious issues, they may finalize the divorce settlement. When the matter is resolved, the parties will produce a signed document verifying that the matter is resolved, and the respective attorneys will submit the document to the court. This completed divorce settlement will allow the courts to verify the decision and finalize the divorce. This ends the collaborative divorce process.
Speak with a Dallas Divorce Attorney Today
Collaborative divorce can be an effective way to streamline the divorce process and protect the parties involved from hefty fees and a public divorce hearing. Additionally, collaborative law resolutions can help reduce conflict and preserve familial relationships, which can be incredibly important in divorces with children. Understanding the nuances of Texas’s Collaborative Family Law Act can help support divorcing couples with sound legal advice and strategy. However, the process of finalizing a divorce may take specialized legal insight. Schedule a consultation with a skilled Dallas, Texas divorce attorney from Zegen Law Firm, PLLC today to learn more about the divorce process. Call now at (972) 653-0448 for details.