Collaborative Law Defined The conventional process of divorce can drive the parties-already separated from each other - even farther apart. It takes a toll on individual dignity, and often tragically children suffer the most. Collaborative Law presents a more humane and respectful choice, which lessens the trauma for children of divorcing individuals.
It is a process in which the parties and their counsel agree in writing to make a good faith attempt to reach a mutually-agreeable settlement without court intervention. Working together, they craft a way to dissolve their marriage in a way that considers everyone's needs and minimizes conflict. The parties are in control, rather than the legal system. There is a statute in the Texas Family Code specifically providing for collaborative law.
Philosophy - Are you emotionally mature and do you care about your children?
Collaborative Law is a solution-oriented alternative to traditional divorce. Instead of the typical brutal battle, divisiveness and focusing on getting the largest financial reward-- no matter the human or financial cost, the parties try to find more cooperative and mature "win-win" solutions that meet the needs of both sides. (That many individuals are dissatisfied with the process and results of traditional divorce, is commonly known.)
All participants agree to work together respectfully, honestly and in good faith. No one may go to court, or even threaten to do so, as long as they are in the Collaborative Process. In the unlikely event that a party feels that court is a better alternative, the Collaborative Law process terminates and both spouses must hire new lawyers to take their case to court.
Each professional on the Collaborative Law team owes a primary allegiance and duty to their own clients. But they also know that the way to serve the highest interests of their clients is to act with integrity in the spirit of cooperation and mutual respect.
While a marriage may be ending, the Collaborative Law process recognizes that relationships and obligations often continue - especially when children are involved. It allows spouses to formulate an agreement that focuses on their most important individual and mutual goals. This process helps all family members move forward in a positive way, rather than as adversaries and dwelling on the past.
For more information on how you can learn about collaborative divorce please contact us. Our firm can provide collaborative law services. For general information, you may also visit the website of the Collaborative Law Institute of Texas:
https://www.collablawtexas.com/index.cfm
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