Collaborative Law Divorce
To help Texas families minimize the emotional and financial damage caused to one another during the traditional divorce process, Texas has passed a collaborative law statute which allows couples to agree to an open and transparent process of negotiating the terms to end their marriage.
In a traditional divorce, there are adversarial proceedings where opposing attorneys (or teams of opposing attorneys) “battle it out” in a court of law. It’s war! There is tension, fear and anger. The hearings can be awful. As a divorcing couple if you didn’t hate your spouse before walking into court with your trial attorney, then you will hate each other by the end. At the courthouse, you will have little interaction with your spouse and if you do, it’s usually bitter. The traditional divorce method makes it almost impossible to have any healthy relationship after the divorce because of all the hostility, resentment and bitterness developed over the course of the divorce. If you have children, then they will be the ones who pay the ultimate price.
After going through a traditional divorce, your child may hear something said like, “I can’t come to your graduation because your mother will be there!” You can substitute in “wedding” or “birthday” or “any important event” in your child’s life for the word “graduation.” You also can substitute “your mother” with “your father.” The point is hatred and detestation will be everywhere. There is no victory and there are no winners. After a trial lawyer has won, you and your former spouse could be left in financial and emotional ruins. The damage will be significant.
This divorce is for couples who can’t agree on one or more items contained in a divorce decree. This divorce is the most expensive and extensive divorce.
How Can I Decide Which Approach to Take?
I understand you will have questions about which approach is right for you, and I am happy to discuss all of your options. Please let me help you determine which option is right for you and your family.
What is mediation?
Mediation is a voluntary process which allows both spouses to maintain control over your fate and the terms of your settlement. Both parties and their attorneys attend either a 4-hour or 8-hour mediation, depending on the complexity of your case.
What residency requirement is required for starting the process for a divorce?
In Texas, you must be a resident of the state for six months and you or your spouse must be a resident of the county where the divorce is filed for 3 months (90 days).
How long does the process take to obtain a divorce?
In Texas a divorce may be granted after the petition has been on file for sixty (60) days, however, it can be longer if the parties do not agree on all issues.