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The Benefits and Drawbacks of a Collaborative Divorce

When is a collaborative divorce not recommended?

Collaborative divorce offers an alternative to the typical divorce litigation process. With a collaborative divorce, you and your spouse will work together with the assistance of your collaborative divorce attorney to reach a resolution without the need for court involvement. There are several key advantages to a collaborative divorce, including reduced costs, less contention between you and your spouse, and speed of divorce. A collaborative divorce is not, however, best for all situations.

Collaborative Divorce Explained

Texas is one of several states that allows for a so-called collaborative divorce. In the collaborative divorce process, each spouse will have their own attorney. The parties and their attorneys agree to work together to agree to crucial divorce terms, such as alimony, property division, and custody. If at any time during the process the parties have a breakdown of communication and determine an agreement cannot be reached, they can opt out of the collaborative divorce process.

Benefits of Collaborative Divorce

There are numerous benefits of collaborative divorce. For starters, a collaborative divorce can lead to a happier ending for both parties. Whereas a traditional divorce tends to pit the parties against one another, a collaborative divorce instead requires that they work together. This can have great benefit for children involved in the divorce and the divorcing spouses as well.

Additionally, a collaborative divorce is typically less expensive and can be achieved in a shorter period of time than a traditional divorce. While each of you will incur attorney’s fees, you will not need to pay for costly time spent in court. Your divorce can be completed as quickly as you and your spouse can reach a resolution. With a collaborative divorce, you and your spouse are entirely in control of both the process and the outcome.

Drawbacks to a Collaborative Divorce

Collaborative divorce is only possible when you and your spouse are both in agreement to attempt the process. If your spouse will not agree, it is not an option. A collaborative divorce should never be attempted in a case in which one spouse is abusive or has a domestic violence history. Further, this type of divorce requires that the spouses can be in the same room and discuss divorce matters to work towards a common goal. If you and your spouse do not meet these criteria, your divorce attorney will likely steer you towards a more traditional divorce.

If you are in need of a divorce, contact an experienced divorce attorney like Stinson Moyle, PLLC today.