AN ALTERNATIVE TO LITIGATION

The collaborative approach to divorce is often times quicker, less expensive and less painful when both parties agree to this process. Ending a marriage is often a challenging and painful event to both of the spouses and their children. Fighting in divorce court about property, custody, and support is emotionally draining, expensive and makes post-divorce communication more difficult. Texas is the one of first states to recognize a new way of divorcing called collaborative law.

The Process

In the collaborative process, each spouse and his or her attorney meet for a series of private negotiation sessions.  It is recommended that the parties also seek the assistance of other professionals, namely a “mental health professional” who serves as a communications coach or referee and a financial professional.  If necessary, other professionals can be involved depending on the specific facts of each case.  For example, some cases may require a child counselor or psychologist; others may require the assistance of a real estate expert or a specialist in substance abuse issues.  Regardless of which professionals are involved in the process, the parties – with the assistance of the attorneys and other professionals - identify their needs and if children are involved, the needs of the children.  From there, the parties work together to determine how best to meet all of those needs.

Why Should I Choose the Collaborative Process Over Litigation, or Vice Versa?

Collaborative law is not for everyone.  However, it does have advantages over litigation that many people benefit from.

Cost :

Typically, divorces in the collaborative process are less costly than litigation.  This is not always true, but it is certainly true that divorcing couples’ dollars are better spent in the collaborative process.  Financial experts address financial issues and family counselors address parenting plans – both at a far less cost than what the parties would pay two attorneys to negotiate.  The attorneys then are able to focus on their own expertise – legal issues – in drafting enforceable orders reflecting the parties’ wishes and needs to present to a judge for signature.  In litigation, each party must often hire his or her own “hired gun” to address these very same issues.  With collaborative law, the parties jointly hire a neutral expert to provide an unbiased third party opinion.

Privacy :

In litigation, documents are filed with the district clerk and become available for public viewing at any time.  Hearings are held in public courtrooms where anyone can sit down and listen.  Depositions are held where each of the parties are essentially interrogated.  Like hearings, trials are held in public courtrooms for all to see.  With collaborative law, all meetings are held in private and any professionals involved in the case are forbidden to disclose the events of the meetings in any future proceedings.

Control :

In litigation, typically each spouse is fighting hard to make his or her spouse look like a bad parent or spouse to get what they want.  And unless an agreement can be reached, ultimately a judge who knows very little about you and your children decides how your relationships will be handled in the future.  With collaborative law, the parties decide what is best for them and their children.  The parties know themselves and their families better than anyone, and they have complete control in deciding how their new lives as a divorced family will move forward.

Disclosure :

In litigation, information is obtained through what is called “discovery.”  It is often a “game” wherein if the right question is not asked, the attorney is not obligated to produce information.  As a result, the parties may be forced to try their case without all of the relevant information.  In collaborative law, the parties agree from the outset to fully disclose all information about their case.  Whether it is information about finances or issues related to their children, the parties are obligated to share that information.

Communication :

In litigation, judges are often forced to make decisions based on “he said/she said.”  Sometimes they have the benefit of third party witnesses, but often what they hear is each spouse’s versions of events that have happened in their lives.  In addition, the parties tend not to speak to one another about their case, but rather use the attorneys as a mouthpiece for relaying their version of the facts.  With collaborative law, the parties speak directly to one another and have the opportunity to instantly address any misunderstandings or miscommunications – and with the assistance of the third party neutral professionals helping them with their meetings.

Is Collaborative Law for Divorce Cases Only? 

No.  While collaborative law was begun by family law professionals for use in divorce and custody/child support modification cases, the process has been transferred to use in other areas of the law, including but certainly not limited to probate contests, personal injury, employment disputes, partnership dissolutions, and business contract disputes.

For more information on collaborative law, you can visit one of the following sites:

Collaborative Law Institute of Texas (CLI-Tx)

International Academy of Collaborative Professionals (IACP)

Interdisciplinary Collaborative Practice Group for Families (iFamily)

Texas Collaborative Law Council (TCLC)

The following books on collaborative law are also very informative:

The Collaborative Way to Divorce  by Ronald Webb & Stuart Ousky

Collaborative Divorce  by Pauline Tesler & Peggy Thompson

Divorce Without Disaster  by Janet P. Brumley

Avoiding Litigation  by Sherrie R. Abney

Back to Practice Areas

The Cleaves Law Firm offers full-service legal counsel and representation in family law matters for clients in the vicinity of Grapevine, Texas including communities such as Southlake, Colleyville, Hurst, Euless, Coppell, Flower Mound, Bedford, Keller, Roanoke, Arlington, Dallas, Fort Worth, Westlake, McKinney, Frisco, Irving, and Denton. We serve the following counties as well - Tarrant County, Dallas County, Collin County and Denton County.