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What is collaborative divorce, and how does it work?

On Behalf of | Jan 9, 2023 | Mediation & Collaborative Law

Couples in Texas who wish to get a divorce might prefer to skip the traditional route. With a court proceeding, things can become ugly and take too long. Collaborative divorce might be your best option.

Understanding collaborative divorce

Collaborative divorce is an alternative way to end your marriage. Instead of fighting in court, spouses work together while negotiating all the terms of their divorce. It’s faster, cost-effective and makes everything easier for the divorcing couple and their children. Although many people think of mediation and collaborative law as the same, the collaborative process has differences. Collaborative divorce does not involve meeting with a neutral third-party mediator.

How collaborative divorce works

If you choose collaborative divorce, you and your spouse must agree to work together to settle all the issues involved in your split. Being open to compromise and negotiation is the only way to be successful. In other words, the process is not for everyone; if you and your spouse have lingering bitterness and fighting, it might not work.

Each spouse works with their attorney and meets with them to discuss all the matters of concern in the divorce. You explain what you want from the outcome such as how to handle child custody or property division. Depending on the situation, you might bring various specialists in to help with your negotiations. For example, if money is your biggest concern, a financial advisor may be consulted.

The next step is for you and your attorney to meet with your spouse and their attorney to discuss things. You will also sign a “no court” agreement. However, if you and your spouse cannot agree, your lawyers depart so that you can go to court for a traditional divorce where a judge will determine your outcome.

If you and your spouse are open to working together, collaborative divorce can help you end your marriage faster and more efficiently.