Collaborative Law & Collaborative Divorce

Collaborative Law is new to Texas and has the potential to change both the perception and the reality of the divorce process.  Collaborative Law and Collaborative Divorce embraces the goals our firm has always held and we endorse, participate in, and encourage both.  The goal of collaboration in divorce is not for one person to win, which mandates another loses, but for the two parties, their attorneys, and their advisors to work together to create a division of community property that is acceptable to both parties.  Children’s issues are handled in the same manner – professional advisors brought in if necessary and decisions made at a round table with equal standing.

The primary difference between Collaborative Law and Collaborative Divorce is “who’s in charge”.  Collaborative Law is formally organized and, indeed, has a statute and protocols to guide the process.   Both spouses hire Collaborative trained attorneys who guide the process, bringing in experts such as children’s counselors, communication experts, and financial experts, as well as others if and when they are needed.  

Collaborative Divorce is not formally organized in Texas.  However, it is practiced, frequently quite successfully.  The professional who most often starts the process is the Mental Health Professional or Marriage Counselor who refers clients to Children’s Mental Health professionals who are familiar with the divorce processes related to children and financial experts who are Certified Financial Planners and Certified Divorce Financial Analyst.  Clients are usually referred to attorneys by one of those professionals.  Each professional handles their area of expertise with consultation between all professions.

Equitable Solutions, Inc. endorses Collaborative Law and Collaborative Divorce and participates in both.  However, it is not the answer for all couples.  We will be happy to visit
with you about alternatives and make recommendations as appropriate.

 

Adversarial Divorce

Adversarial Divorce is the process most familiar.  Each spouse hires an attorney and that attorney’s primary job is to advocate for their client within the confines of the law.  The attorneys may talk to their client and to the spouse’s attorney but not to the opposing spouse.  Texas law determines the process, and to some extent, the outcome.   The largest factors, in our experience, that determines the outcome is “normal and ordinary” and what the attorneys believe the presiding judge is most likely to do.  Texas law gives the judge a lot of discretion and they develop a “style” of judging.  They are, after all, real people in black robes.  Negotiations are always done with “what would the judge do” in the background – but not
far away.  

Texas has been and is blessed with many really excellent professional, caring, and understanding family law attorneys.  They are truly incredible in helping clients understand what they really want to win, and it frequently isn’t money.  They are even better at helping clients know how essential it is to put the welfare of the children above all other considerations.  

The selection of an attorney is critical to the outcome of a divorce.  We will be happy to consult with you about an appropriate attorney, what you will need to look for, and what should make you walk away.