Collaborative Divorce is a better way to untie the knot outside the Bexar County court house. The collaborative process of handling a divorce is rapidly becoming the preferred method of divorce in Texas because of its many benefits.
The couple gathers around a conference table with two attorneys, a mental health professional, and a financial professional to guide them through the divorce process with less strife, emotional damage and bitterness. It’s divorce with dignity. Collaborative Divorce in San Antonio is a cooperative process where the couple and their team work together in private to resolve all the issues in their divorce. The attorneys are responsible for legal advice and protecting their clients, the mental health professional manages meeting dynamics, client emotions and communications and the financial professional collects and analyzes financial information and advises about tax implications of the settlement options.
If you decide to follow the collaborative path to divorce you and your spouse will sign an agreement that requires both of you to share all relevant information about your money and children, treat each other respectfully and not take any issue to court. If the dispute can’t be settled collaboratively, you will need to find new attorneys to take the matter to a Bexar County court. On average, about five percent of collaborative cases fail to settle in San Antonio.
Collaborative Divorces are settled in a series of joint meeting between the team and the couple. Under Texas law everything said during a collaborative meeting is private and confidential–nothing can be introduced into a court of law if the case does not settle. Participation is voluntary and either party may choose to end the process at any time without a reason. If an issue is difficult to resolve the attorneys may recommend the parties take that particular matter to mediation before a San Antonio collaboratively trained mediator for settlement.
Like all legal procedures a Collaborative Divorce has benefits and risks. A Collaborative Divorce may not be appropriate where there is a lack of trust, dishonesty, family violence, or substance abuse. A collaborative divorce offers these benefits for most San Antonio couples:
- Less expensive
- Flexible scheduling
- Quicker resolution
- Clients control the outcome
- Preserves family relationships
- Avoids harming the children
- Minimizes post-divorce conflict
- Better compliance with the agreement
- Allows creative solutions to parenting issues
The risks associated with a Collaborative Divorce:
- If the collaborative process fails you must hire new attorneys
- Collaborative attorneys can’t force discovery if a party refuses
- Restraining orders are not available in cases of family violence
- The clients don’t get their day in court
- Neither party can punish their spouse for wrong doing before the court
If handling your divorce with dignity, confidentiality and flexibility appeals to you and your spouse, you want to preserve your family relations and parent your children in a nurturing and cooperative way port-divorce, please review my website for further details.