There are two main roads for getting a divorce. The first is the standard litigation route which entails the involvement of the Court if you and your spouse are unable to reach an agreement on your issues.
The second road is collaborative law. The collaborative process is a way to get divorced that does not involve a man or a woman in a black robe you have never met and who has never met your family telling you what is going to happen with your children and your property.
Collaborative law is a structured process whereby you and your spouse work with specially-trained attorneys to reach an agreement for your divorce, for your children, and your property. Some say it is a more civilized way to divorce.
The collaborative process sets you up for a much better working relationship with your soon-to-be former spouse once you are divorced. The litigation process is often so contentious, the end of the divorce process leaves you with anger and hard feelings making it difficult to raise your children with their other parent and maintain relationships with mutual friends and family members.
Often a mental health professional and financial professional are involved in the process to help you manage your emotions during the divorce process and aid in the division of your property.
The Collaborative process is a reasonable way to divorce based on three core principals:
1. A pledge to not go to court; 2. An honest and open exchange of information by the spouses; and 3. An agreement factoring the highest priorities of both spouses and their children.
The goal of a divorce is to end a marriage. Litigation, by design, has two adversaries with opposing goals pitted against each other in a contentious, highly stressful process. In a divorce, once the litigation process is complete and your divorce is final, the former spouses often have so much bitterness and hard feelings, it is difficult, if not impossible, to maintain some form of working relationship allowing you to co-parent your children.
By encouraging cooperation and fostering respect, the Collaborative Law process helps parents and their children maintain their family connection while embracing new lives and learning to operate within the new family dynamic. Whether you choose the litigation route or the Collaborative Law process, divorce will be a significant event in your life and a difficult thing to go through, but Collaborative Law can guide you and your family through the process with compassion and lead you to a healthy new beginning. The Collaborative Law process may not be right for you; the litigation process may be the only way that will work for you.
The Decker Law Firm can provide you the legal expertise necessary to assess your specific situation, protect your interests, and develop the right legal strategy to meet your needs. We devise and recommend solutions factoring your needs and our knowledge of the courts in the Dallas/Fort Worth area (D/FW).
Because every legal matter is unique, please contact us for an initial consultation to help ensure you have all of the information you need to determine if the Collaborative Law process is the most appropriate for your specific circumstances.