attorneys at law
Dougherty & Dougherty
Divorce? Consider collaborative law--
Bellow you will find some frequently asked questions pertaining to collaborative law.
For further information on collaborative vist www.collaborativelawyer.org and www.collablawtexas.com
Q: What is Collaborative Law?
A: A Collaborative Divorce is an innovative, less formal and new legal process in which the parties and their respective attorneys agree by contract to resolve the issues using cooperative strategies rather than litigation. It’s a process of open communication involving a series of meetings, scheduled at the parties’ convenience, with both parties and their attorneys present.
because both attorneys are required to withdraw if there is no settlement and the parties decide to litigate, the attorneys are totally committed to a negotiated resolution.
We are the first state to have a statute- Texas Family Code § 6.603.
Q: What is different?
A: The key difference between a Collaborative divorce and a traditional divorce is a commitment to reach an agreement without going to court. The parties keep control of the decisions, rather than giving this to a judge. To accomplish this, the parties consent in writing to participate in a respectful process that leads to a resolution without court intervention. With Collaboration, the goal is to develop effective relationships, solve problems jointly, and prevent a court battle.
Q: What are the Benefits?
A: A Collaborative divorce promotes respect between the parties and provides privacy. It offers a more effective and efficient process for resolution so that financial and emotional resources are conserved. The individuals, rather than the court, are in control of their schedules.
Time spent with attorneys, financial advisers, and mental health professionals are focused on solutions rather than strategies for “winning”.
Q: How can the parties talk at this time?
A: Even under the best of circumstances, communication can be strained as a relationship is ending. Yet keeping lines of communication open is essential for reaching an agreement.
There is a commitment to open communication and cooperation where both parties are given tools to end their marriage with dignity while working toward a settlement that works for everyone involved.
While parties meet with their attorneys individually, the Collaborative process provides for face-to-face meetings with the parties and their respective attorneys and other professionals as needed. These sessions are guided to produce an honest exchange of information and expression of needs and expectations. When the issues are openly discussed, problem solving can be direct and solutions-oriented.
It’s not an endless airing of grievances. The Collaborative process encourages spouses to reach a workable settlement by building on areas of mutual agreement while protecting the interests of the children and parties.
Q: Is there a Benefit for Children?
A: The Collaborative process diminishes parental conflict and avoids divided loyalties and enduring damage to children and the parents. The process protects children and helps parents focus on the children’s need for both parents.
The children see their parents working together. This provides a model for resolution of future problems both for parents and their children.
Q: Do you use experts?
A: If financial advice or appraisals are needed, both parties hire one independent consultant, lessening the expense and time and increasing the trust.
Neutral mental health professionals can be counselors or coaches as needed, helping develop communication skills rather than merely evaluating who is “better”. Therefore, scarce resources can be better utilized.
Q: Who is using this process and how successfully?
A: Most of the clients thus far have been well-educated, relatively affluent who want self-directed solutions where they can heal more quickly and resume productive lives sooner.
Although all of my collaborative law cases have settled, in cases where parties want to settle cooperatively but are especially lacking in communication skills, we are beginning to use specially trained coaches to assist parties who might otherwise have difficulties meeting together.
Q: What do you like best about this process?
A: There is a focus on the future. Divorce ends a marriage, but does not need to sever family connections or relationships. Especially when children are involved, lifelong connections remain, such as graduations and weddings. By preserving respect and encouraging cooperation, a Collaborative process helps parents and children keep family bonds while embracing new lives. While divorce will always have a significant impact, with this process, we can provide families an opportunity for a compassionate ending, and a more healthy new beginning.