Collaborative Divorce Attorney
Getting a divorce can be emotionally draining and stressful, even under the best circumstances. If you must litigate issues between you and your soon-to-be ex, you may experience even more anxiety and uncertainty about your future. Luckily, there is a way to amicably settle matters while protecting yourself and your assets. The collaborative divorce process allows couples to work together for a fair resolution.
You can benefit from collaborative divorce by working with an experienced attorney from Minton, Basset, Flores & Carsey, P.C. For over 50 years, we have helped clients through their legal challenges by providing outstanding representation and compassionate, personalized attention. Contact us for an initial case evaluation with our Austin divorce attorneys if you have questions about the collaborative divorce process and its suitability for you and your spouse. Our firm can guide you through a divorce while protecting your rights and interests and empowering you to start the next chapter of your life.
Why Hire a Lawyer for a Collaborative Divorce?
The collaborative divorce process in Texas represents a serious commitment by spouses. Before you agree to pursue a collaborative divorce, you need experienced legal representation to help you understand the details of the process and what to expect at each stage in a collaborative divorce. A lawyer can prepare you to efficiently pursue a fair resolution in collaborative divorce so you can move on to the next step of your life sooner. A lawyer can also help you identify and evaluate solutions to achieve your and your spouse’s goals for yourselves and your loved ones. They can also engage in negotiations in good faith to work toward a fair resolution of your divorce.
Why Choose Minton, Bassett, Flores & Carsey, P.C. for a Collaborative Divorce?
For decades, clients getting divorced have chosen Minton, Basset, Flores & Carsey, P.C. to protect their interests. When you hire our firm for your collaborative divorce, you can count on us because we:
- Understand that your divorce will set the stage for the next chapter of your life
- Provide personalized, responsive attention. You can reach us even at night and on the weekends because we know that talking to your lawyer sometimes cannot wait during the collaborative divorce process.
- Offer honest, straightforward advice and act with integrity when representing you
- Genuinely care for and respect our clients and will do everything possible to help them secure a favorable outcome in their collaborative divorce
- Take the time to explain each step of the process to help you understand your legal rights so you know what to expect when pursuing a collaborative divorce, removing any anxiety or stress from not knowing what will happen next
How a Skilled Collaborative Divorce Attorney Can Help Your Case
When you hire a collaborative divorce attorney from Minton, Basset, Flores & Carsey, P.C. you’ll have the benefit of legal counsel who will:
- Ensure you understand what happens in collaborative divorce and your rights and obligations if you pursue the process
- Prepare the paperwork needed to initiate a collaborative divorce
- Help you organize documents and information to share with your spouse
- Determine your needs and goals and help you understand your spouse’s interests
- Work toward a resolution that is in your and your children’s best interests
- Identify tailored solutions to help you and your spouse achieve an amicable result
- Explain reports and documents prepared by the experts you and your spouse have retained for your collaborative divorce
- Discuss how the resolution you and your spouse have agreed to will affect your and your family’s future
Collaborative Divorce: Is It the Right Choice for Your Separation?
Collaborative divorce may be a good option for particular couples. While some couples get divorced because their romantic feelings have faded but they bear no ill-will toward one another, many divorces occur because they have experienced some breach of trust. Collaborative divorce won’t work unless both spouses have a high degree of personal and financial trust in one another. Spouses need personal trust since the collaborative divorce process requires spending significant time together in the same room and freely sharing information. For these reasons, spouses with significant anger towards one another or a history of domestic violence probably shouldn’t use collaborative divorce.
Spouses also need high financial trust to pursue collaborative divorce due to the lack of court supervision. Unlike traditional divorce litigation that requires spouses to make complete financial disclosures as part of discovery, collaborative divorce means spouses must trust each other to voluntarily disclose all financial information, including assets, income, and debts. Couples should not use collaborative divorce if one spouse suspects the other has hidden money or assets.
Top Advantages of Choosing Collaborative Divorce
The collaborative divorce process can provide couples with several advantages over traditional divorce litigation, including:
- Lower legal fees – Spouses who can amicably negotiate contested issues can avoid prolonged litigation, which can help reduce costs.
- Less emotional distress – When couples commit to amicably resolving the issues in their divorce, the entire process becomes much less contentious and causes less emotional distress for spouses.
- Quicker than litigation – Spouses can meet as frequently as they want during collaborative divorce, allowing them to settle matters more quickly than a trial court can.
- Confidentiality – Because collaborative divorce occurs in private, couples can avoid airing their “dirty laundry” since the process does not involve open court hearings that become a matter of public record. High-profile couples who wish to keep their personal matters and finances private often enjoy the confidentiality of collaborative divorce.
- Better co-parenting relationship – Collaborative divorce can provide divorcing parents with experience in resolving disputes and other complicated matters, which can prepare them to co-parent their children post-divorce.
- Option for reconciliation – When a couple has the prospect of reconciliation, collaborative divorce can facilitate spouses getting back together since the process requires them to spend extended time together and work together honestly and respectfully to resolve challenging issues.
Collaborative Divorce: Understanding the Basics of This Alternative
The Texas Collaborative Family Law Act formally created the collaborative divorce process as an alternative to traditional divorce litigation. The collaborative divorce process consists of a series of meetings between spouses, each represented by separate legal counsel, to consider each other’s concerns, needs, goals, and the needs of other parties, such as the couple’s children. Spouses can also rely on other neutral professionals to help them understand the facts and evaluate options. In collaborative divorce, spouses must agree to negotiate in good faith and voluntarily disclose all pertinent information.
The Collaborative Divorce Process: How Does It Work and What You Need to Know
The Texas collaborative divorce process begins when a collaborative divorce attorney files a collaborative law notice with the trial court. In the collaborative law notice, spouses and their legal counsel must agree to commit to the collaborative divorce process. If the process fails, the couple must start their divorce case anew and retain new legal counsel.
During a collaborative divorce, the spouses will meet regularly to discuss their outstanding issues, including division of marital assets and debts, spousal support, child custody, and child support. Couples can retain experts such as psychologists, appraisers, and parenting coordinators to help them resolve issues. Spouses equally split expert costs. Collaborative divorce meetings usually occur in a neutral, low-conflict environment like a conference room. Spouses continue meeting until they agree on each issue in their divorce. Most couples only need about a half-dozen meetings, although more meetings can happen if spouses continue to make progress on resolving issues.
Collaborative Divorce Vs. Mediation: What Is the Difference?
Traditionally, divorcing couples who wanted to reach an amicable settlement have used divorce mediation. On the surface, collaborative divorce may seem similar to mediation. However, both processes have some key differences. Mediation is led by a mediator who uses conflict resolution skills to try to get the parties to agree to an amicable resolution. Parties often meet with the mediator individually and do not interact directly during much of the mediation process.
Conversely, in a collaborative divorce, the parties work directly together. Additionally, their attorneys aid in negotiations. Collaborative divorce is a more involved process in which the parties can take as much time as they need to reach an agreement that is best for all involved.
Collaborative Divorce Process: What to Expect
During the collaborative divorce process, you can expect your legal counsel and the neutral experts and professionals you and your spouse have hired to help you both understand your respective and common interests, such as co-parenting your children, and to identify solutions to satisfy them. You should not expect an adversarial process where you and your spouse bargain with one another or where one side “wins” and the other “loses.” In contrast to traditional divorce litigation where you may have little control over the process, you should expect to have complete control over the proceedings and the eventual result achieved.
Austin Collaborative Divorce Attorney: Get in Touch for Guidance on Your Case
If you have more questions about collaborative divorce and whether you should use the process for your case, contact Minton, Bassett, Flores & Carsey, P.C. today for a confidential consultation with an Austin divorce lawyer. Turn to us for seasoned guidance to protect your interests.