Collaborative Law in a Texas High Asset Divorce

 Posted on May 26, 2016 in High Asset Divorce

For certain types of cases, collaborative law may be an excellent tool for a high-asset divorce and other similar family law proceedings.

When the legislature enacted Chapter 15 of the Family Code in 2001, it was one of the first collaborative law statutes in the country. Two years later, the Collaborative Law Institute of Texas, one of the leading practice groups in the state, had only a few members.

But very soon, the word got out. By 2010, the Institute had grown to over 500 members, and a statistically significant number of hotly-contested high net worth divorce cases now do not see the inside of a courtroom until the very end of the process.

Collaborative Law Success

Not every divorcing couple should consider this process. Some people need the emotional closure that a courtroom battle can bring. Other people can be selfish and unwilling to sacrifice anything to achieve a greater goal.

That last point is really the difference between litigation and collaborative law. The goal of litigation is to obtain the best possible result for the individual, while the goal of collaborative law is to achieve the best possible result for the family.

The Process

Shortly after the petition is filed, the parties in a collaborative law proceeding file a joint statement of their intent to use this process. One of the salient portions of this commitment is that, if the process fails, the parties agree to start over with new counsel. This device helps ensure that collaborative law is not merely a stall tactic or bargaining ploy, because the only way collaborative law works is through commitment to the process.

Instead of court hearings, the parties attend joint meetings in an informal setting. They only discuss solutions to problems; in fact, the rules of collaborative law strictly forbid talking about the past. When necessary, the parties bring in outside experts, like financial consultants and family counselors, to assist in developing solutions.

The process is not easy. According to a recent study, over a third of collaborative law participants said the process was "difficult" or "very difficult." But to those who are committed, these difficulties are only part of the cost, and the investment pays off in later years.

A litigation alternative may be appropriate in some divorce cases. For a confidential consultation with an aggressive Cedar Park high asset divorce attorney, contact our office. Call Powers and Kerr, PLLC at 512.610.6199 today.

Sources:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.15.htm

http://www.dmagazine.com/publications/d-magazine/2010/special-edition-legal-directory/happier-endings-through-law