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In the realm of Texas family law, particularly in divorce cases, one of the most progressive and effective approaches to resolving disputes is collaborative divorce. This method encourages both parties to set aside their differences and focus on shared interests, fostering a cooperative environment. By emphasizing common ground, collaborative divorce allows couples to work together more constructively, ultimately leading to quicker and more amicable resolutions. Unlike the often adversarial and lengthy process of traditional Texas divorce cases, collaborative divorce offers a more streamlined and peaceful path to moving forward.
However, it’s important to note that most people undergoing a divorce do not participate in a collaborative process. Instead, they go through a typical divorce process, filing a petition, responding, attending hearings, exchanging discovery information, and negotiating during mediation sessions. They often spend much time arguing over minor issues rather than actively seeking an amicable solution. While this method works well for many, it’s not suitable for everyone. Quite the opposite, a typical divorce can be a recipe for disaster when it comes to most people.
Expert attorneys for collaborative divorce
In a collaborative divorce, you and your spouse will both hire attorneys who will agree to proceed with the case collaboratively. Many attorneys in our area focus on collaborative divorces, which is relatively new and unique compared to a typical Texas divorce. As a result, many attorneys who have never worked on these types of cases before may not have the experience necessary to adequately represent you in this type of case. As a result, you should focus on experienced attorneys who have been there and done that in terms of working with clients on a collaborative basis. The attorneys with the Law Office of Bryan Fagan are the type of attorneys you need to help guide you during this process.
A participation agreement is typically one of the first documents that you will sign in the collaborative divorce process. The participation agreement is a pledge, of sorts. You and your spouse would pledge to abide by the mutually determined rules associated with your collaborative divorce. These rules will likely focus on and attention to negotiation rather than litigation, adding a desire to avoid going to court if possible. Once all parties and their attorneys have signed the pledge,e the case would begin on a collaborative basis.
Is collaborative divorce right for you?
I think collaborative divorce is right or even possible for everyone. You and your spouse would need to mutually agree to engage in a collaborative divorce. This takes the two of you being able to discuss the issues at hand and determine that a collaborative divorce is something that you both want to try. It is worth trying to have this discussion with your spouse as soon as you are able. That way you can prepare for whatever direction your case ends up going.
Situations, where you and your spouse do not see eye to eye on much of anything or are in stark disagreement on several important issues, do not lend themselves well to collaborative efforts in a divorce. Rather, the reality of those situations is that you are likely to find yourself facing the difficult prospect of going through a traditional divorce and everything that comes with that. This isn’t the worst thing in the world but, if at all possible, you should strive to at least be able to engage in a civil and amicable divorce if not a collaborative one. This can take setting aside your differences and your ego to do what is best for your family and specifically your children.
What goes into a pledge to divorce collaboratively?
As we revisit the pledge signed at the outset of your collaborative divorce, it’s essential to note that it typically encompasses a few agreements that are common to nearly every such pledge. The first is to treat one another with respect. This scales without saying and should be how every divorce begins, to be honest. However, you and I both know the reality that when two people who are not seeing each other in any arrangement, respect can sometimes fly out the window. Divorce is no different, unfortunately. In a collaborative divorce, you and your spouse will sign your name to the agreement, where you are stating to another that respect will be the basis of your mode of operation during the case.
Simplified discovery in collaborative divorce
Next, you will pledge to walk a mile in one another’s shoes. this means looking at the case from each other’s vantage points and considering what the other person needs. This is an important consideration because oftentimes people in your position can become so focused on their objectives in a case that they cease to try and even consider the case from their spouses’ perspective. During divorce, many people become so cynical that they assume every position taken by their spouse opposes their own desires. However, it is most usually the case that these differences of opinion come from legitimate divergent viewpoints. consider the case from your spouse’s vantage point, and you will likely learn a lot about how they are thinking and approaching things.
One of the most time-consuming aspects of a divorce case is the discovery process. Discovery allows both you and your spouse to submit requests for documentation, information, and responses to questions to the other person. You all will have a certain amount of time, usually, 30 days, to answer the questions and submit the documentation back to the requesting party. You will either need to answer the questions, submit the documentation, or submit a valid objection to the request for information. The way I’m describing it sounds relatively orderly and simple. However, in practice, it can oftentimes end up being anything but that.
Early documentation exchange in collaborative divorce
In a collaborative divorce, you won’t require instruction to share this type of information with your spouse. Rather, you will agree at the beginning of your divorce to turn over any documentation that you believe could be relevant to your case. This includes financial documents, tax returns, credit cards, other loan documents, retirement account information, and things of this nature. We can answer the questions the other side puts forward to you and submit your thoughts regarding custody and visitation arrangements for your children.
All of this can be accomplished at the outset of the case without external prompting. This not only enhances efficiency by addressing matters early but also demonstrates a mutual commitment to acting in good faith. In a divorce case, good faith efforts like this are rare to see and a welcome change from the norm of a typical divorce case. You can work with your attorney to help think about what documentation you think is necessary to get from your spouse so that you can request it at the earliest possible time. This way your case has kept moving at a brisk pace and you both put forth the good faith effort necessary to show the other that you are willing to engage in the collaborative divorce process without delay or other hindrance.
Committing to avoid court in collaborative divorce
Finally, one of the most significant aspects to include in a collaborative divorce pledge is a commitment to making every effort to avoid court proceedings whenever possible. My experience in divorce cases is that most people involved in divorce cases do not ever go to court for a contested matter. Rather, it is a few divorce cases here and there that wind up going to court for multiple reasons throughout the case. If you are engaging in a collaborative divorce, then it is clear that you believe you and your spouse are not going to be the type to find yourself in court with any regularity.
However, a collaborative divorce pledge goes one step further. You both will agree to take every precaution to avoid the courtroom. This means resolving disputes between yourselves to the greatest extent possible. Indeed, going to court throws a wrench into the entire collaborative divorce process. At that point, you are engaged in a typical divorce case, and there is nothing collaborative about it. Collaboration requires you and your spouse to come together on the important issues of your case. Taking the issues to a judge is not collaborative in the least. As a result, if you are agreeing to a collaborative divorce with your spouse, expect to agree to hold off on going to court unless absolutely necessary.
Who will be working with you on your divorce?
You can anticipate a variety of professionals assisting you in your divorce case. Collaborative divorce attorneys and mental health professionals may be engaged to support your case. If your child requires behavioral or other assistance due to mental or physical impairment, specialists may also be involved to aid in crafting an effective visitation plan for the future.
In traditional divorce social studies, commenced by the family court judge, can cost time and money to complete. In a collaborative divorce, you and your spouse can agree to bring on these professionals at the beginning of the case to quickly make recommendations based on their observations of your family. This can get you all to a point where your case is completed sooner rather than later, and there is less of a need for expensive delays related to social studies and things of this nature.
Utilizing financial experts in collaborative divorce
Financial experts like forensic accountants can also be brought into a case to help the two of you resolve any disputes that arise. Again, it is not the point of a collaborative divorce to engage only if you and your spouse do not have any disagreements. Rather, a collaborative divorce puts the two of you in a position where you will be forced to work together rather than run to the judge at the first sign of a disagreement.
The benefit of having these professionals on hand to assist you is that they have the experience to be able to help you identify potential problems in your case and help you create solutions. Many people who go through divorces do so without much knowledge of the process or what goes into a case. As a result, they have little chance of successfully negotiating through the problems of their divorce case. As a result, going to talk to a judge seems like the only way out.
Maintaining control and collaboration in divorce
However, in a divorce case, there is almost always ample opportunity to reach amicable conclusions and settlements. The most important factor to keep in mind is that you and your spouse need to be committed to the process. Going back to what I was talking about earlier in today’s blog post, you can focus your attention on what brings you together and approach a case from the vantage point of the other person. If you consider where they are coming from, their positions may soon take on a more reasonable outlook. You may also begin to consider how your physicians seem to be less reasonable than you might have thought earlier in the case.
The bottom line is that you want to maintain control of your case as much as possible. Once the case reaches a stage where you hand over decision-making to the family court judge, the judge gains most of the power in determining the outcome. This is usually a bad sign for a case when the two of you cannot even reach basic agreements on run-of-the-mill subjects in divorce. Rather, the collaborative process forces the two of you 2 consider the other person’s perspective and engage in fruitful conversations geared towards settlement and avoiding the courtroom.
Costs associated with collaborative divorces
Depending upon how complex your situation is, your collaborative divorce may end up being less expensive or possibly more expensive than a traditional divorce. The more issues you have in your case, the more tedious the financial matters you must get through, or the more children you have means that your divorce may end up taking more time to negotiate through and as a result cost more money. Family law attorneys build by the hour, whether they are collaborative or traditional. The more hours spent working on a case means that your attorney will be billing you for their ability to do so. After all, you want to ensure your case proceeds efficiently and that the attorney gets paid to complete the work you need.
The cost factor in collaborative divorce
Another factor to consider is the involvement of other professionals in the case. For example, the accountants, mental health experts, and people of this sort that I just finished discussing with you cost money to bring into a case. The more involved these folks must be in terms of the guidance provided to you and your spouse, the more expensive your case will end up being. On the other hand, the more that the two of you can work through the issues in your case without expert involvement,t likely means that your case will not be nearly as expensive.
On the other hand, collaborative divorces can end up being much less expensive since they encourage problem-solving and negotiation rather than resorting to going to court. Typically, it is court appearances in a divorce case that end up costing the most amount of money. If you and your spouse can avoid going to court instead work to solve issues on your own without the assistance of judges or experts, then you can save yourself a large amount of money. Everything depends upon the specific circumstances in your situation, however.
Consulting an expert for collaborative divorce advice
To gain a better understanding of the issues in your case as well as the likelihood of success in a collaborative divorce, you should seek out the advice of an experienced collaborative divorce attorney. Collaborative divorce attorneys understand the complex nature of your situation and can give you specific information that can help you determine whether a collaborative or traditional divorce is the best course for your family.
In conclusion, collaborative divorce stands out as a transformative approach in Texas family law, offering a progressive alternative to traditional divorce proceedings. By fostering cooperation and focusing on shared interests rather than conflicts, it provides a refreshing departure from the adversarial nature of conventional divorce. This method encourages couples to find common ground, leading to quicker resolutions and more amicable settlements that prioritize the well-being of everyone involved. As couples face the complexities of divorce, embracing the principles of collaboration can smooth the transition, promote healthier outcomes, and pave the way for a more harmonious future.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce or child custody case.
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Law Office of Bryan Fagan, PLLC | Spring Divorce Attorneys
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Attorneys right away to protect your rights.
Our divorce attorneys in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, and surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
