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Collaborative Divorce

 Posted on December 07, 2016 in High Asset Divorce

Texas collaborative law, Texas high asset divorce attorneyAs the negative effects of acrimonious divorces on families become better understood, more and more couples are attempting to dissolve their marriages amicably through collaborative divorce. Collaborative divorces allow couples to work together in coming to an agreement about property division and custody arrangements. This process can save both parties a substantial amount of time and money, while also eliminating a significant amount of stress. If you are considering a divorce, it is important to retain the services of an experienced child custody and divorce attorney who can explain your legal options.

Legal Requirements

During collaborative divorces, each party hires his or her own attorney before signing a legally binding Participation Agreement. In Texas, a Participation Agreement must adhere to certain requirements, including that it:

  • Is in a record;
  • Is signed by both parties;
  • States the parties’ intent to resolve a family matter through collaboration;
  • Contains a description of the nature and scope of the disputed issues;
  • Identifies the lawyers representing each party; and
  • Contains a statement from each lawyer confirming his or her representation of a party.

Each agreement must also include provisions explaining that:

  • Family court proceedings will be suspended while the parties attempt to resolve the issues; and
  • The parties are jointly engaging any professionals, experts, or advisors.

The Collaborative Process

The collaborative family law process begins when the parties have completed a valid Participation Agreement. At this point, the parties may begin meeting with each other, their attorneys, and a variety of specialists. Throughout the proceeding, the parties can be advised by a team of professionals, which may include:
  • Parenting specialists, who help resolve issues related to custody and visitation;
  • Financial specialists, who assist the parties with completing their financial disclosure statements and with assessing the value of marital assets; and
  • Divorce coaches, who help the parties handle the emotional aspects of dissolving a marriage through individual goal setting.

If one of the parties owns a business or rare valuables, the couple may also need to hire a business valuation expert or appraiser.

With the help of these specialists and their attorneys, the parties negotiate in a series of structured, non-adversarial meetings, in which the primary focus is placed on the family’s specific needs and interests. This goal-oriented approach can help keep the parties from losing sight of their family’s best interests.

If the parties are able to reach an agreement, their attorneys will draft a document recording the terms of the settlement, which is then presented to a judge for approval. If the parties are unable to come to an agreement, the case will be litigated in court, which can be both time-consuming and expensive.

Contact a Dedicated High Asset Divorce Lawyer Today

If you are considering filing for divorce, please contact Powers and Kerr, PLLC to schedule an initial consultation with an experienced Leander high asset divorce attorney who will aggressively represent your interests. Our passionate attorneys are eager to help you today.



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