One question that comes up about collaborative law is, "How quickly can we reach a divorce?" As we were reminded, looking at an article on the subject from Fort Worth-based collaborative lawyer Dick Price's excellent blog, it's usually faster than litigation, but it might not be the get-divorced-quick solution some people want. Both Parties Must be Willing to Work Together He notes that while collaborative law follows a road map that moves couples through divorce efficiently, it's also a … [Read more...]
Advocating for Children in the Collaborative Process
The Texas Family Code provides lawyers with many tools when it comes to advocating for children in family law cases, including a neutral mental health professional, child specialist, and child therapist. These are all professional roles unique to collaborative law cases. What are the different ways mental health professionals might be used in a collaborative case? There are three roles that a mental health professional can take on to help bring a collaborative case to settlement, and they’re … [Read more...]
Integrating Mediation into the Collaborative Divorce Model
Collaborative Divorce is an innovative option of dispute resolution for divorcing couples, built upon a highly specific road map for negotiation. The parties’ goals and interests are the centerpiece of this road map, around which clients provide and review all relevant information then, with the support of their attorney and allied professional team members, creatively seek options for resolution of each issue. While this structured design focuses on self determination, it also allows for … [Read more...]
Alternative Method of Divorce: Collaborative Law
The words graceful, healthy and divorce do not go together. The first words clients use to describe the process of divorce are typically words of war: FIGHT, CUSTODY BATTLE, and WINNING. I would like to present a concept to you that is a kinder, gentler way to get divorced. Collaborative Law. While we have the early adapters of technology, it is sometimes hard to find the early adapters of new legal processes. Collaborative law started in Texas in 2001 as a movement away from the damage … [Read more...]
Gauging the Impact of Conflict on Children in Divorce
Collaborative Law Institute of Texas President-Elect Camille Milner, while attending the 2015 IACP Conference earlier this month, was inspired by keynote speaker Donna Hicks to write a blog article from the road. Titled "The Impact of Conflict on Children," the article looks at how children are impacted psychologically by their parents' fights, the similarities between psychological and physical injury, and strategies to help minimize the damages in a divorce. She also highlights a valuable … [Read more...]
Can You Get a Divorce AND Have Joyous Holidays?
This article was written by Tracy Stewart, a College-Station based financial planner, a Brazos Valley Collaborative Divorce Alliance founding member, and a former Collaborative Law Institute of Texas board member specializing in collaborative divorce. Yes. Get a collaborative divorce. Steer clear of a court-system divorce. Avoid draining your savings. Side step family squabbles. Enjoy your holidays. How Does Collaborative Divorce Get You Happy Holidays? In a Collaborative Divorce, you learn … [Read more...]
What to Remember When Divorcing with Children
Divorce can be emotionally challenging when it involves just a couple -- but when that couple has children, it can be even more emotionally taxing for every family member. With that in mind, Collaborative Law Institute of Texas President-Elect Camille Milner posted a recent, excellent article on her blog covering the 10 things to remember when divorcing with children. One of the first rules she gives -- echoed by a therapist writing for the Denton County Collaborative Professionals blog she … [Read more...]
When a Divorce Decree Isn’t Quite Final
An interesting article from Esther Donald at Dallas-based family law firm GoransonBain caught our attention recently. Titled, "The Final Divorce Decree Is Not Etched In Stone," it looked at what happens when divorced couples face unexpected situations that make it difficult if not impossible to carry out what the divorce decree says they should do. The most obvious example is when a non-custodial parent endures some sort of financial hardship and is unable to pay child support, but that's far … [Read more...]
When Emotion Overwhelms Reason (and How to Counter It In Divorce Negotiations)
This article is from Kevin Fuller, founder of Dallas-based Fuller Mediations, a firm that provides a range of mediation services to settle divorces and other disputes, and a former president of the Collaborative Law Institute of Texas. I’ve been involved enough with divorce negotiations to see this more than once: I bring a solid settlement offer to a client, in which we’ve been able to work out a parenting plan and a financial settlement that meets the client’s needs. And yet, it’s rejected, … [Read more...]
A Comparison of Collaborative vs. Litigated Divorces (Part Two)
There was a significant difference in the way financial professionals are used in collaborative and litigation divorces. A little over half the collaborative divorces used one financial professional, while most litigated divorces either used no financial professional or dueling financial professionals (with one for each side). This difference would happen one time in 100 by chance. We found a similar significant difference in the pattern of how mental health professionals are used in … [Read more...]
