Collaborative Law

Is Collaborative Law Right For Your Divorce?

What is collaborative law?

The collaborative law process is the antithesis of conventional adversarial litigation. In fact, a collaborative divorce begins with both spouses signing an agreement not to litigate their divorce in trial. They also agree to fully disclose all relevant information — most particularly, their assets and income.

Then, the couple enters into interest-based negotiation sessions to craft a final divorce settlement that both find agreeable. There are usually four to six sessions, lasting two or three hours apiece. To aid the negotiations, each spouse will have an attorney. A financial expert and mental health expert will also be present to give guidance. The parties will occasionally have “homework” to do between sessions, which will help move the case along, such as obtaining appraisals of community property, or getting financial documents to present at the next joint session.

The goal of the process is to work towards a settlement of all the issues, at which point the attorneys will work together to draft the paperwork to present to the court, reflecting the parties’ agreement.

Our clients who choose this option feel more empowered and in control of their case. Couples who settle their case with this approach usually end up with more balanced agreements, and are less likely to violate them, or seek a change down the road. Additionally, when couples successfully negotiate a settlement with the collaborative process, they have less animosity between them, and they are more likely to continue a cooperative relationship with each other, for the benefit of their children.

The collaborative law process can be used to resolve many kinds of family disputes. At the Law Office of Tim Whitten, we primarily use it to help our clients reach divorce settlements. If you are interested in exploring the collaborative law process as an option to resolve your divorce, call 512.782.2289 or contact our office online to speak with an attorney at our firm.

What is the “Collaborative Team”?

Often, there will be one or two other collaborative professionals at the first joint session, depending on the nature and complexity of the case. For example, if there are a number of community assets and/or debts, a financial professional might be required. Also, if the parties are having difficulty communicating effectively with each other, as is often the case in a divorce, it’s helpful to have a mental health professional in attendance to ensure that the case progresses in a positive and healthy direction. The collaborative team is the key reason why collaborative law works when most other attempts at negotiation do not. Every member of the team has a role, and each is invested in seeking the best possible solution for the parties.

What Are the Benefits of Collaborative Divorce?

There are many reasons why you might want to consider solving your legal disagreements through the collaborative process:

• Collaborative law empowers you to control the destiny of your case.
• Collaborative law provides you with more time to explore a solution to your disagreement than a judge will take in a day-long or even multi-day hearing, which typically results in a more appropriate solution for you.
• Collaborative law is a private and confidential process, unlike the public forum that a courtroom provides.
• Collaborative law can be less expensive than a full-blown litigation case, even with the added expense of a full collaborative team, when you add up the costs of going to a Temporary Orders hearing, the costs of discovery, the costs of a mediation and a final hearing on the merits, all of which are typically required in litigated family law cases.

In short, collaborative divorce reduces animosity, produces more mutually acceptable outcomes, and helps repair relationships so that the children of divorced parents don't have to live in an atmosphere of lingering animosity.

Is collaborative law right for my case?

Although collaborative law is not right for every client, it can be right for any case. The key ingredient to a successful collaborative case is the willingness of both parties to work together in a productive way.

Ask yourself, am I the kind of person that can make this process work?

Collaborative divorce is best for couples who respect and trust each other and who desire a peaceful solution more than "winning at all costs." For some couples, the divisions, wounds and resentments are too deep to effectively undertake the collaborative divorce process.

Collaborative law also requires an equal balance of power at the negotiating table. This process is never recommended for couples in which one partner has been abused, or where one partner can intimidate the other into making unfavorable decisions.

If you and your spouse don't have children or a significant amount of assets, you may not need collaborative divorce. In fact, you may be able to resolve your divorce over a discussion at the kitchen table. It is still recommendable to have an attorney guide this discussion, answer questions, and help you avoid legal mistakes.

If collaborative divorce isn't right for you, but you still want to avoid adversarial litigation, you may want to consider divorce mediation.

To schedule an appointment with a lawyer at Law Office of Tim Whitten in Austin, Texas, call 512.782.2289 or contact our office online.