What’s the best way to divorce in Texas? You have two options: a collaborative divorce or litigation. A litigated divorce offers only three benefits, including forced discovery, a restraining order against family violence and a court ordered settlement. The collaborative process offers many benefits, including privacy, lower cost, transparency, client control, convenience, preserving family relationships, protecting children, allowing creative settlement solutions and minimizing post-divorce … [Read more...]
Certification is Key to Collaborative Success
A challenging aspect to the collaborative divorce practice is the lack of expertise displayed in numerous attorneys participating in collaborative cases. At this point, any family lawyer can decide to dabble: but if the collaborative case doesn’t settle, the ripple effect greatly damages the overall process. The probability of a case terminating because it cannot reach settlement directly correlates with the lawyer’s collaborative experience and genuine commitment to the … [Read more...]
Isn’t Litigation the Best Option If I Don’t Trust My Spouse?
How can I know if my spouse is hiding assets? Full Collaborative Disclosure is the answer. How can you be certain your spouse has disclosed all marital assets during a divorce? The answer depends on how you divorce. In a litigated divorce, there is no duty of full disclosure, while in a collaborative divorce, spouses agree to voluntarily disclose all relevant information. A financially complex divorce generates conflict and may produce dishonesty as each spouse tries to get what they feel is … [Read more...]
What Happens in Collaborative vs. Litigated Divorces?
There are major differences between a collaborative and litigated divorce. In a collaborative divorce, you control the outcome, your goals and interests are important, all information is shared openly, you negotiate a win-win settlement, avoid harm to your children and save money. In a litigated divorce, the attorneys control the case, your goals and interests are secondary, information is hidden, each side attempts to win, the children are often placed in the middle and litigation costs … [Read more...]