Collaborative Divorce Law in Austin – Will it work for you?
Collaborative law is for couples that want to stay out the courtroom and avoid messy litigation. At the same time, it empowers both sides (with the help of their respective divorce attorneys) to determine the outcome of their case without leaving their fate in the hands of a third-party judge.
Sounds ideal right?
Yes, but the success of divorce by collaborative law depends on the agreement of both parties upfront not to litigate by trail and the acceptance by both sides that they will be required to disclose any and all necessary information. This may include financial documents, personal materials and any other information pertinent to the dissolution of marriage and division of assets.
Collaborative Divorce Austin – How does it work?
Once your spouse and you have agreed to a collaborative divorce, you will start the negotiation process. In addition to each person’s attorney, a selection of other experts (accountants or psychotherapists, for example) may be requested present for the initial meeting(s). Depending on the complexity of your case (convoluted assets, creative child custody), the entire process may take as many as six sessions lasting two to three hours each.
To expedite the process both sides are expected to come to each negotiation session with any requested documentation and, as cliché as it sounds, an open mind. Remember, your spouse and you are compromising to avoid the cold deliberation of a trail. Concessions will have to be made.
What are the advantages of a collaborative divorce?
Many couples engage in collaborative law for divorce because they do not want an impersonal body (the court) determining a deeply personal matter. Even though legal considerations may require a divorcing couple to seek legal council (an attorney), this does not mean they are incapable of reaching an amicable agreement of terms.
Here are some black and white benefits of collaborative divorce:
Less expensive – Assuming you are able to agree upon and honor the terms of your negotiation, you will end up spending considerably less than the amount required for full-blown courtroom divorce proceedings.
Additional time (thoroughness) – If you want to ‘get it over with as soon as possible’ then going to court may be your better option. However, if you are willing to take time to participate and work through the process, you will almost always be more satisfied with the outcome.
Privacy – There are few situations less intimate than a courtroom. Nobody enjoys having their private grievances aired in a public setting—in front a judge nonetheless. The collaborative divorce process takes place behind closed doors and involves only the people who need to be involved.
Collaborative Law Firm in Austin – Evans Family Law Group
The Evans Family Law Group has been practicing Family Law in Austin and surrounding municipalities for over 17 years. Our divorce attorneys are large supporters of collaborative law. It has been our experience that couples who decide on and are successful in a collaborative divorce exit their marriage on more amicable of terms. This might not be something you think you are concerned with right now, however, many people will look back on a messy divorce with regret.