Houston Collaborative Divorce Attorneys

• Adaptable Timeline. When you seek to litigate a divorce in court, you will have limited to no control over when your case is heard. Your court may face a tremendous backlog, delaying your initial hearings for many months and prolonging the process. Because collaborative divorce takes place outside the courtroom, you, your ex-spouse, and your respective legal teams can coordinate on when you wish to conduct the process. Because there are no limits to the number of sessions, a collaborative divorce can also be as lengthy or as brief as necessary.
• Control. In going to court, you hand over final decision-making abilities to the judge hearing your case. This judge will likely not personally know you, meaning much of their perception will be colored by the efficacy of each party’s legal team. They may well make decisions that do not satisfy either partner in a divorce, but you will both be legally obligated to abide by their ruling. In collaborative divorce, you and your former partner retain complete control over the final agreement until you are both satisfied with the terms. Until an agreement is signed, you have the ability to walk away.
• Cost Efficiency. Going to court can be prohibitively expensive, especially for complex cases where numerous factors will need to be argued in front of a judge. An efficient collaborative divorce can greatly reduce the overall costs in reaching a settlement.
• A Family-Focused Approach. The reality is that, after a divorce, two parents will still need to be part of each other’s lives. They will still need to work together to do what is best for their children. Collaborative divorce supports this mindset by encouraging participants to find common ground and compromise. The result is a process that is less hostile and aggressive than litigation.

The Collaborative Divorce Process

As its name would imply, collaborative divorce is about working together to reach an agreeable settlement instead of going to court. The process emphasizes compromise and mutual understanding versus “fighting” to “win” in litigation. Both sides will typically retain legal representation to help facilitate the process and ensure each party’s interests are protected in a final agreement.

Collaborative divorce begins with establishing the initial goals for each party and the motivating reasons for those goals. This is called the initial settlement offer. In many cases, it is beneficial to keep these offers grounded and to proactively consider the expectations of your former partner. Our Houston collaborative divorce attorneys can work with you to shape an initial settlement offering that is both likely to be productive and consistent with your goals.

Once both sides have shared their initial settlement offerings, each party and their legal team will work to find common ground and areas of compromise. The ultimate goal is to develop a plan that is a “win-win” for both partners. Legal representatives can help identify and negotiate contentious areas and work toward potential solutions that satisfy everyone involved.

A collaborative divorce has no set timeline and can go on as long as both parties deem necessary. It may take more than one day or session to reach an agreement, especially for more complicated situations with numerous assets, children, and other moving parts.

After both parties have agreed to decisions involving the division of assets, debts, support, and custody of children, a settlement can be drafted and signed. This settlement is legally enforceable in the same way a litigation settlement would be, but you and your ex-spouse have collective control over its terms. There will be minimal interaction with the court system throughout this process, and your legal teams can file the appropriate paperwork to finalize the divorce once a settlement has been reached.

You are also not obligated to continue with the collaborative divorce process if it is not proving effective. Either party can walk away from a collaborative divorce at any point, and there is no requirement that a settlement be reached. If collaborative divorce is abandoned, a family can consider other alternative settlement methods, including mediation and arbitration, or choose to pursue traditional litigation, if necessary.