Can We Have a Collaborative Divorce in Texas?

 Posted on November 25, 2024 in Divorce

Divorce can be a challenging emotional process, but it does not always have to be antagonistic. In Texas, couples have the option of using collaborative law to work together to reach an agreement about the terms of their divorce without needing to go to court. This process is designed to help divorcing couples find solutions that work for everyone, especially when there are children involved. If you think a collaborative divorce is a good option for you and your spouse, speak with a skilled Dallas, TX divorce lawyer to learn more.

How Does Collaborative Law Work?

Collaborative law is when both spouses agree to settle their divorce peacefully instead of fighting in court. They work together to resolve the issues that need to be included in their divorce settlement, like how to divide their property, how custody will be shared, and whether either will pay spousal support.

The main goal of collaborative law is to create a settlement that both spouses are comfortable with, unlike traditional divorce, where each spouse’s lawyer argues their side in front of a judge who makes the final decision.

Important Aspects of Collaborative Divorce

Collaborative divorce is characterized by several important factors, including:

• Team of professionals. The couple will bring professionals with various fields of expertise to help them make optimal decisions that satisfy them both. This team can include lawyers, child specialists, financial experts, and others who might provide relevant insights.

• No court involvement. Both parties agree not to go to court. If these efforts ultimately fail and the couple cannot reach an agreement, the collaborative process ends. The lawyers must withdraw from the case, and the spouses need to find new lawyers who will represent them in court. This rule encourages cooperation on all sides.

• Collaborative decision-making. Aided by their team of professionals and focused on productive communication, the couple works through their issues together to find mutually agreeable solutions.

• Final agreement: Once agreements have been reached that address every aspect of the divorce, the lawyers write a settlement agreement that is submitted to the court. The divorce is finalized when the settlement agreement is approved.

Why Do Some People Not Choose Collaborative Law?

Collaborative law is not a reasonable option for everyone. When there is a lot of conflict or a history of violence or abuse, collaborative law is often unsuitable. It is also not appropriate when spouses lack trust for each other, particularly if either demonstrated an unwillingness to cooperate or believes the other is hiding assets. These types of cases are often best handled in a traditional divorce through the court.

Contact a Tarrant County, TX Divorce Lawyer

Every couple is different, and some spouses wishing to end their marriage are not looking for a fight. Collaborative law offers a solution for couples who do not want a courtroom battle. If you and your spouse are willing to cooperate and communicate, speak with a qualified Dallas, TX divorce attorney to understand whether collaborative law is the right choice for you. Call Law Office of Michelle Poblenz at 469-845-3031 to schedule a private consultation.