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...]
How a Good Idea Became a Movement
Collaborative divorce started as a good idea; now, as more people learn about its benefits, it's becoming a movement. For previous blog articles I have authored, I’ve kept to a financial theme, giving advice geared toward people’s finances. Helping people protect their assets and take care of their money is a big part of why I’m a financial planner, but I wanted to take the opportunity here to think back to my introduction to collaborative divorce in Texas, and why I’ve since become a … [Read more...]
Do Divorcing People Have to Act Crazy?
Ever known someone who went through a divorce, and they acted like a crazy person? Bet you have. So have I. Wives who cut the crotches out of their husband’s best pants. Husbands who threw their wives’ wedding and engagement rings into the nearest lake. Wives who let their husband’s favorite dog loose on the street. As Rex Harrison – who played the King of Siam opposite Irene Dunne in the 1940’s movie “Anna and The King of Siam” – said: “etcetera, etcetera, etcetera.” Let’s face it, a … [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...]
Solving Debt in Divorce: You Won’t Get These Options in Court
For couples facing a divorce, it is often a time filled with feelings of sadness over the loss of the marriage relationship and anxieties about the future. These feelings can be further exacerbated when there is substantial marital debt. There are no easy answers for these situations, but in “no court” settlement processes, such as collaborative divorce, couples can often creatively approach the topic of their debts and develop options for resolution that are not usually available in … [Read more...]
3 Creative Ways to Divide a Marital Estate
For couples facing a divorce, it is often a time filled with feelings of sadness over the loss of the marriage relationship and anxieties about the future. These feelings can be further exacerbated when there is substantial marital debt. There are no easy answers for these situations, but in “no court” settlement processes, such as collaborative divorce, couples can often creatively approach the topic of their debts and develop options for resolution that are not usually available in … [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...]
Is Collaborative Divorce Right for You?
If you are facing a divorce, or thinking about filing for divorce, you may have discovered that there are several different paths you can follow in a divorce. The traditional path is litigation and just about any attorney can help you with that. Some people are choosing to do it themselves, without an attorney. That can work in very simple cases. Others focus on mediation, which is a good process, but attorneys should be involved. It is most often used in litigated cases. The newest process is … [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...]
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...]
