Collaborative law helps couples avoid fights and big court bills

 Posted on July 13, 2021 in Divorce

It seems like winning is often the top priority for divorcing. Different people may define “winning” in their divorce as securing certain assets or certain terms for the custody of their shared children. However, securing a “win” in either of those areas may require a massive investment of both resources and time.

The more a couple fights over their property and custody terms, the more they end up paying for divorce. These protracted battles can also often do real damage to the relationship between former spouses, which can be problematic if they have to share custody as co-parents later.

More people every year turn to collaborative divorce as a way to truly win at divorce by keeping their costs low and securing the terms that matter the most to them.

How collaborative divorce is different than litigation

In a traditional, litigated divorce, each spouse submits documents to the courts and may provide testimony about their marital circumstances. The judge has to review all of that information and then make determinations based on family circumstances, marital assets and Texas state law.

People can spend weeks planning and gathering evidence to secure a certain result, only to have a judge rule in a way that undermines all of that work. While people litigating their divorce can ask for certain terms or specific assets, the judge is the one who has control over all of the final decisions.

In a collaborative divorce, spouses either communicate directly or through their attorneys to negotiate a settlement regarding their marital property and any custody decisions necessary. The goal of this process is for the couple to retain control over all of the final decisions in their divorce while simultaneously avoiding the frustration and expense of litigation.

Collaborative divorce protects your finances and your privacy

Although it may take some time to negotiate a settlement, reaching an agreement with your spouse outside of court will almost always be faster and more cost-effective than litigating.

Additionally, you have the opportunity to explore the details of your marriage that should influence your settlement without making those issues all part of the public record. You can seek fair and just decisions without giving up all control or making a public spectacle of the personal issues from your marriage.

If you value your privacy and want a divorce that is both fast and less contentious, collaborative or uncontested divorce might be an option to consider.