Characterizing property owned by a couple is an important part of any divorce and the existence of a trust can complicate the process, especially if it’s an irrevocable trust established during the marriage. On the other hand, an irrevocable trust established prior to a marriage will help a spouse prove that funds in the irrevocable trust are separate property. However, an irrevocable trust established during the marriage often complicates the characterization and division of the … [Read more...]
Tips for Staying on the High Road During a Divorce
A lot of divorcing couples express a desire to “take the high road” during divorce and the collaborative divorce process supports the couple in this desire. Often a spouse will fall short due to divorce being transactional (“I give you this if you give me that”) and emotional (“you hurt me” or “I am afraid”) and the friction this causes. Taking the high road: 1. Allows you to be the good guy; 2. Preserves dignity and is respectful to your spouse; 3. Benefits your … [Read more...]
Refinancing During Divorce
For divorcing couples whose family home is community property, it’s often their most valuable asset, and who gets to keep it can be a contentious issue. It’s usual for the spouse who has primary custody to want the children to remain in their home, attend the same school, and stay close to friends. However, the divorced spouse can’t always afford to keep the family home because it’s too expensive, so they have to sell, divide the proceeds, and buy smaller homes in the same area. If the couple … [Read more...]
Four Core Principles of Collaborative Divorce
Collaborative Divorce is a constructive, settlement oriented, process designed to help families resolve their conflicts without having to go to court. The following are four core principles that make up the backbone of Collaborative Divorce. The process works at its best when clients, their lawyers and all other professionals participating in the process stay grounded in these five core principles. 1. Constructive Settlement based on Common Courtesy and Care for the Family. The core … [Read more...]
Can You Hear Me NOW?
Divorce Coaching Can Vastly Improve Communication Can you imagine walking into court for a final hearing for your divorce case thinking you might be led away in handcuffs if you lose? That has to be a scary thought. And an outrageous one. People are almost never taken away in handcuffs at the end of divorce case. As a young lawyer, I once had a divorce case client with whom I had difficulty communicating. Because of my lack of experience, I did not recognize the highly emotional nature of … [Read more...]
Understanding Divorce Options
If you’ve come to the decision to divorce, you come to another important decision – how will you accomplish your goal? There are several roads leading to the termination of your marriage, and the one you choose can have a significant impact on your future and that of your family. Following are options to consider: Collaborative Law In the Collaborative Law model, husband and wife and their lawyers agree in advance that no one will take any contested issue to court. The “Collaborative Team,” … [Read more...]
Pro Bono Collaborative Divorce Moves Forward in Texas
Pro Bono Collaborative Divorce has come to Texas; learn more about how it works. After two years of planning and preparation and the launching of a pilot program in Houston, Pro Bono Collaborative Divorce has finally come to Texas. Translated, this means that in a short time, the advantages of collaborative divorce will be available to clients who cannot afford to hire a lawyer to represent them. So what is Pro Bono Collaborative Divorce (PBCD), and who will be eligible to utilize the … [Read more...]
Pro Bono: Toward Collaborative Divorce For All Who Want It
We're not an organization that typically touts our awards, but the State Bar of Texas recently honored the efforts of two longtime Collaborative Divorce Texas members, and Collaborative Divorce Texas itself, with its 2016 Pro Bono Service Award. The vision of collaborative divorce for all, through an innovative program that makes collaborative divorce possible for lower-income people, has debuted in Houston and has helped its first couples to collaborative divorce. From the press … [Read more...]
Your Restructured Family’s Team, For Life
When a collaborative divorce team is assembled for you, you have the option of reassembling them, should you need to modify your initial decree. Dawn Budner and Carla Calabrese, partners at Calabrese Huff, recently appeared on the Jeff Crilley Show (on 1190 Talk Radio in Dallas) to talk about collaborative divorce and its evolution in Texas. They made a number of great points throughout the interview, including some interesting takes on the collaborative divorce team. Budner highlighted … [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...]
