One of the problems at the outset of any case is that you never know how the case is going to end. Relatively few cases end up in a full-scale war. Even fewer end up going to all the way to trial. But some do. Most cases settle. Most people that get divorced end up with an Agreed Decree of Divorce — which is the end product of settlement. Some get to settlement through negotiation, some with the help of mediation, and some using the Collaborative Process. No matter how you think your case is … [Read more...]
How Does Collaborative Divorce Deal with Separate Property?
The short answer is: However you and your spouse can agree to handle it. There is a much longer answer, but before you get it, you need to make sure that you understand what separate property is. Under Texas law, the only property that is separate property is: Property owned before marriage; Property acquired by gift; Property acquired by inheritance; Property acquired based upon certain elements of personal injury claims; Property designated as such by a Prenuptial or … [Read more...]
5 Good Reasons NOT to Choose a Collaborative Divorce
1. You want more enemies It is true that there is no guarantee that going through the litigation process will result in your spouse being your eternal enemy and no guarantee that going through the collaborative process will result in your spouse being respectful of you forever. But, reality is that no one likes to answer detailed, accusatory questions about themselves, and those types of things can and do happen routinely in the litigation process. Both detailed written discovery and … [Read more...]