Benefits of Collaborative Divorce in Texas (2024)

Getting divorced can be a painful process, especially if only one of the spouses is actively pursuing the divorce. With the help of a family lawyer, you may be able to build a strategy for your divorce and work to ensure you aren’t taken advantage of. However, there may be an easier path in the form of collaborative divorce. The benefits of collaborative divorce in Texas may outweigh the drawbacks, especially if your divorce appears to be going amicably.

What Is a Collaborative Divorce?

Collaborative divorce in Texas is a process that allows couples to pursue divorce outside of the court system. It may not be the most effective method of pursuing divorce for some couples, particularly if your divorce is contentious. However, not every divorce has to be messy. Sometimes, people grow apart, and nobody is to blame. Collaborative divorce is simply an option for some couples.

In a collaborative divorce, both you and your spouse work with your respective family lawyers to develop a mutually acceptable and fair agreement on everything regarding your divorce. This includes child custody, asset division, financial support, and all other matters. The ultimate goal is to achieve a solution without getting the courts involved. Remember, Texas is a no-fault state for divorce, which means neither spouse needs a reason to pursue a divorce.

The Benefits of Collaborative Divorce

Obviously, collaborative divorce is not an avenue that will work for every divorcing couple. However, if you and your partner have remained amicable and respectful throughout the initial process, this may be an option you want to pursue. Here are some of the important benefits of seeking a collaborative divorce:

• Stress Reduction: Divorces can be remarkably stressful. The process can develop into personal attacks, with the end goal being to financially and emotionally damage the other spouse. Collaborative divorce avoids the bulk of the stress that a divorce can cause. It keeps you focused on working together with your former spouse to achieve a plan that works for everyone. It is a more open approach and largely devoid of conflict.
• It’s Less Expensive: Divorce can be a long, drawn-out process that could end up costing you substantial legal fees, court fees, spousal support, and loss of assets. Typically, a collaborative divorce is less expensive. Court fees and trial costs are decreased substantially or are even nonexistent.
• Control: In a collaborative divorce, the most important thing to remember is that you and your spouse have total control over the outcome. In a traditional divorce, if you and your spouse are unable to communicate effectively, the judge presiding over your case has the final say over how everything works out. With collaborative divorce, you can get creative with the way you and your spouse reach a solution. You can develop your plans to your tastes and effectiveness.
• Preserve Relationships: This is completely optional and may not apply to everyone, but a collaborative divorce does leave the door open for you to remain friends with your spouse if you wish. It can be hard to have a relationship with your ex-spouse following a contentious divorce. A collaborative divorce helps keep things completely civil. If you have children, this can be a great environment in which to draft a parenting plan.

FAQs

Q: What Is the Downside of Collaborative Divorce?

A: Collaborative divorce does have its drawbacks. To start, it is not for everyone. Some couples are too contentious to participate in a collaborative divorce. It requires both parties to be on civil terms beforehand. It also provides fewer opportunities for both spouses’ lawyers to investigate the opposition. If the process ultimately fails, you may find yourself back to square one with new attorneys and a renewed sense of anger.

Q: What Is the Main Purpose of a Collaborative Divorce?

A: The main purpose of a collaborative divorce is to reach a mutually beneficial agreement plan in your divorce by decreasing opportunities for conflict overall. Cooperative negotiation can be important to building a parenting plan, remaining on decent terms, and leaving the marriage with plans you agree on together. Ultimately, a collaborative divorce allows couples to work out all the details of their divorce without resorting to litigation.

Q: How Long Does a Collaborative Divorce Take in Texas?

A: There is no particular time frame that a collaborative divorce might take in Texas, as every case is different. However, due to the overall civility of a collaborative divorce, it is likely going to take much less time than a traditional divorce. Regardless of how you pursue divorce, you still must endure the state’s 60-day waiting period before beginning the process. The entire length of the process depends on both parties’ willingness to compromise and reach a settlement.

Q: Do I Need a Lawyer for a Collaborative Divorce?

A: Yes, you need a lawyer for a collaborative divorce. The state of Texas will not allow you to pursue a collaborative divorce unless both spouses have a lawyer present. Having a lawyer there to represent each party can be the most effective way to ensure everybody’s interests are being protected and nobody is being taken advantage of.

Reach Out to an Experienced Family Lawyer Today

Divorce is never easy, regardless of how you choose to pursue it. Nobody enters into a marriage expecting one day to get divorced, but some marriages simply do not work out. It may be better for everyone involved if the marriage were to end. That is where a family lawyer comes in handy, as they can help you pursue the most effective avenue for your divorce, including a collaborative divorce if it fits your situation.

The legal team at Vaught Law Firm, P.C. can help you decide which method of divorce would benefit you the most. If you and your spouse are fairly civil and willing to negotiate, a collaborative divorce may be a good path for both of you. We can help you figure out your next steps, protect your interests, and stand by your side throughout your divorce. Contact us to schedule a consultation and speak with a team member.