What Is Collaborative Family Law?
Collaborative law in Texas is a specific process that spouses or ex-spouses may choose to reach a divorce agreement or resolve a post-divorce conflict, such as a child custody dispute.
Under the collaborative process, the spouses agree to resolve their conflict or finalize their divorce without the need to resort to a public trial. Although collaborative law keeps the parties out of the courtroom, it is still a very formal process. The parties and their attorneys sign a contract agreeing to use the collaborative process. The spouses and their lawyers also agree that — if the collaborative process doesn't work — the spouses cannot use the same lawyers to litigate the case.
Pros and Cons of Collaborative Divorce Law
The collaborative divorce process can be an excellent solution for individuals who wish to resolve their affairs privately. Perhaps spouses want to keep their assets private, maintain confidentiality about marital property division, or to discuss in private accusations of wrongdoing during the marriage. The collaborative law process also works well for spouses who — despite planning to divorce — can’t work through the divorce negotiation process together without assistance from trained experts. Some people don't need a courtroom and a judge; they just need time and a structure to help them work through the issues.
The decision to use the collaborative law system should not be made lightly. There are situations in which collaborative law is unlikely to work, and your attorney should carefully assess the facts of your case with you before recommending the collaborative law alternative.
Circumstances in which collaborative law may not work well include: when a spouse has significant mental health issues; when domestic violence is an issue; and when one or both spouses have a history of secrecy.
We Are Your Advocates — No Matter the System
At the Houston, Texas, family law firm of Myres, Dale & Associates, P.C., our experienced attorneys place a priority on providing protective and compassionate advocacy for our clients — whether our advocacy occurs within the collaborative law process or in a courtroom.
In the beginning stages of the attorney-client relationship, we will discuss all possible methods of finding a resolution to your divorce or other family law conflict — including collaborative law, mediation, informal negotiations, arbitration and a formal trial on one or more of the issues in your case. In guiding you to a decision about how to proceed, we will encourage you to consider available resources both in terms of finances and time, your own and your ex-spouse's problem-solving styles, and your plans for the future.
Schedule a Confidential Consultation
Immediate appointments are available with one of our experienced family law attorneys. To schedule a consultation, call toll-free 866.506.1221 or contact us online.
