Austin Divorce – Collaborative Law
Collaborative Law is only available to the parties to a divorce. Your Austin divorce lawyer can tell you more about how this works. A collaborative divorce in Austin requires the parties to contractually agree not to go to court. Therefore, if a petition for divorce has already been filed, it must be dismissed before a collaborative divorce can proceed. If after the collaboration has begun, one of the parties decides to file a petition for divorce, the collaborative attorneys for both parties will withdraw from the case.
Choosing a Divorce Law Firm to Undergo a Collaborative Divorce
Many people find collaborative divorce appealing because it eliminates the adversarial feel of a traditional divorce. Discovery is voluntary which makes the process very transparent. Additionally, collaborative divorce emphasizes interest-based negotiation. Both parties benefit from entering into a collaborative divorce agreement. You truly do not have to worry about confrontation when working through a collaborative divorce like you would if the case went to court. Taking divorce to court only makes things more stressful for you and your spouse.
Signing Agreements to Initiate the Collaborative Divorce Process
Once the parties have signed the agreement to participate in the collaborative divorce process, they will schedule meetings that have very specific agendas. For instance, the parties might agree that at the first meeting they will discuss child custody and visitation, at the second meeting they will discuss child support and spousal maintenance, and at the third meeting, they will discuss the division of assets and liabilities.
Detailed minutes of each meeting will be taken. It is important that both parties stick to the schedule outlined in the agreement. Springing a new topic on your spouse during one of the meetings is never a good idea. It can create a stressful situation and lead to a lot of tension. It might also force your spouse to exit the agreement in the hopes that the case moves to the family law court. Having a divorce law firm in Austin, Texas can certainly ease a bit of the anxiety often encountered when starting this process, particularly in its most inchoate phases.
Delegation of Participation During a Collaborative Divorce
Collaborative divorce gives each party an opportunity to express their respective interests and goals as well as their preferred means of attaining those goals. If interim issues arise as a result of negotiations, those issues are added to the agenda and addressed accordingly. You have no reason to worry about adding a topic to the agenda. Just be sure to request an addition with your attorney so it can be done properly. Trying to sneak a new topic into the discussion without first notifying your spouse can lead to a lot of problems.
Using a Divorce Law Firm to Achieve a Collaborative Divorce Outcome
Additionally, collaborative divorce gives the parties an opportunity to agree upon which documents they’ll produce and when those documents will be produced. Only after each party is comfortable that he or she has received all the documentation and information necessary to make a decision do negotiations begin. At this stage, options for resolution of the issues are presented and each side is given a chance to express why he believes each option will or will not work for him.
The ultimate goal is to agree on options that each party feels best to serve his or her interests when working with a divorce law firm in Austin, Texas. You can resolve just about any issue that crops up in your divorce or that was present during your marriage. This includes issues with artwork, other collections, cars, rental properties, and any other piece of property the two of you owned as a couple. Once all issues have been resolved, the attorneys work together to draft the decree, which the parties sign and present to the court for entry of a final order. Once the decree is approved by the court, you and your spouse are now divorced.
Third Party Input and Additional Support from a Family Divorce Law Firm
Collaborative divorces allow the parties to employ the services of third parties such as financial neutrals and communication coaches. This gives the process a “team” feel and helps the parties deal with issues that can otherwise be very emotional and explosive in a more constructive and productive manner. Legitimately working as a team makes going through a divorce as best as it can be based on your situation. Having the help and support of professionals other than your divorce law firm in Austin, Texas can make it easier to navigate the divorce process and reach a solution.