What is Collaborative Law?
Collaborative law is a legal process related to divorce. In the collaborative law divorce model, spouses and their respective lawyers agree that neither party will take any contested issue to court. The “Collaborative Team,” which may include mental health and financial professionals, finds ways to meet the needs of both spouses.
Suppose both spouses agree on the collaborative law approach to divorce. In that case, they must sign an agreement that states they will share all information available to them about their children and property. The spouses agree to work together with attorneys and other professionals to arrive at a mutually agreeable resolution.
If the parties cannot settle their case using the collaborative law model, litigation attorneys can take it to court. In this case, the collaborative lawyers must withdraw and cannot represent their clients any further.
What is the Collaborative Process in Texas?
The Collaborative process in Texas involves a series of structured steps:
1. Initial Meeting
Both spouses and their respective attorneys meet to discuss the divorce and agree to participate in the collaborative process.
2. Joint Sessions
A series of joint sessions are held, often involving other professionals like mental health experts or financial advisors. During these sessions, the parties work together to agree on key issues such as child custody, visitation, child support, and property division.
3. Negotiation and Agreement
The parties and their attorneys negotiate terms and draft a legally binding agreement that outlines the divorce terms.
4. Finalization
Once both parties have signed the agreement, it is submitted to the court for final approval.
It’s important to note that all discussions and negotiations during the collaborative process are confidential. Neither party can be compelled to participate, and either can choose to end the process at any time.
The Benefits of a Collaborative Divorce
Collaborative Law FAQs
While the initial costs of collaborative law and traditional divorce may be comparable, collaborative law often leads to more efficient and timely resolutions. This can significantly reduce overall legal fees in the long run, as it avoids the time-consuming and costly litigation process.
You can switch to traditional litigation if the collaborative process proves unsuccessful.
However, it’s important to note that your collaborative attorneys must withdraw from the case to avoid potential conflicts of interest.
If you and your spouse encounter roadblocks during the collaborative process, your collaborative professionals can help facilitate mediation and negotiation to find common ground.
In some cases, they may involve neutral third-party experts, such as financial advisors or child psychologists, to assist in reaching a fair and equitable agreement.
Contact A Qualified Collaborative Law Attorney in Houston, TX
If you are filing for divorce and are interested in the collaborative law divorce model, you should contact an attorney certified in the collaborative law model.
At The Law Office of Sam M. (Trey) Yates, III, P.C., our Houston attorneys have formal training in the collaborative law process. We can effectively represent you during the joint meetings and reach a successful resolution that meets your needs.
To speak with one of our licensed collaborative law attorneys in Houston, Texas, give us a call at 713.932.7177. You can also schedule a consultation to discuss your case and determine if collaborative law is right for you and your family.
