The collaborative approach allows for civility in legal proceedings whereby parties can respectfully decide together what is best for their family.

The collaborative approach allows for civility in legal proceedings whereby parties can respectfully decide together what is best for their family. Collaboration law enables you to save time, money and turmoil commonly associated with this major life event. A collaborative approach may be right for your situation if:

• Civility, respect and an individualized approach are important to your divorce process
• You believe that protecting children from the pain of litigation is important
• Personal responsibility and conflict resolution are important to you
• You desire active participation in the progress toward settlement
• You want to resolve your issues fairly, on your timeline instead of on the court’s timeline
• Confidentiality is important to you especially concerning public disclosure of assets

In Collaborative Law, both parties have legal representation who guide them in working through the process. It’s important to discuss whether this process is going to work for your case with an attorney from the outset, and to have reasonable expectations of it as well as the other party involved.

What is Collaborative Law?

The collaborative approach is a methodical, step-by-step process wherein there are no hearings, discovery, inventory, depositions or trial. Typically there is not mediation. The two parties gather information and work through the various decisions to be made with a mental health professional and a neutral financial professional. These experts help the parties sort through the details at a lower cost than an attorney would charge. When joint meetings occur, both parties’ attorneys are present along with one or both of the aforementioned experts. An added benefit of the financial professional’s involvement is they can assist with planning budgets for post-divorce life, a bonus not characteristic in litigation. With Collaborative Law both parties:

• Commit in writing to not go to court
• Exchange information fully and honestly
• Respect the most important priorities of each other and their children
• Maintain the privacy of their proceedings, keeping it from public scrutiny

Collaborative Law vs. Litigation

In addition to avoiding the hostility and conflict inherent in litigation, Collaborative Law saves time and money lost in taking time off to attend hearings, fees for attorneys, the hassles of discovery and in cases where mediation fails, costly trials that can take months to happen. Much less paperwork, much lower costs and less potential damage done to families make the collaborative approach attractive to many seeking divorce or modification.

For more in-depth information on Collaborative Law, visit the Collaborative Law Institute of Texas (CLI-TX). 

To schedule a consultation with GK Family Law for a collaborative approach, contact us today.