Divorce is Hard

The Process Shouldn’t Make it Worse

Navigating Divorce with Compassion and Expertise: How a Collaborative Approach Can Help Your Family

Divorce is rarely easy, and the emotional and financial complexities can feel overwhelming. But what if there was a way to navigate this difficult chapter with less stress, more control, and a focus on the well-being of your entire family? Enter collaborative divorce – a process that empowers couples to work together, guided by experienced professionals, to create solutions tailored to their unique needs.

Understanding Collaborative Divorce: A Path to Resolution

Collaborative divorce is often misunderstood as an “agreed divorce,” but it’s actually an alternative to the traditional, adversarial court process. In a collaborative case, both spouses retain specially trained attorneys who help them negotiate agreements on all aspects of the divorce, from property division to child custody. The process may also involve neutral mental health professionals, child specialists, and financial experts who provide support and guidance.

The goal is to minimize conflict, maintain control over the outcome, and lay the foundation for a healthy post-divorce relationship, especially when children are involved. By staying out of court, couples can often save time and money while reducing the emotional toll on their family.

Experts Explain How Collaborative Divorce Works

The Advantages of Collaborative Over Litigation

CollaborativeLitigation
Who Controls the ProcessYou and your spouse control the process and make final decisions.Judge controls the process and makes final decisions.
Degree of AdversityYou and your spouse pledge mutual respect and openness.Court process is based on an adversarial system.
TransparencyEveryone commits to open and transparent communication.Each side tries to hide the ball to gain an advantage.
CostCosts are manageable, usually less expensive than litigation; team model is financially, efficient in use of experts.Costs are unpredictable and can escalate rapidly including frequency of post judgment litigation.
TimetableYou and your spouse create the timetable.Judge sets the timetable; often delays given crowded court.
Use of Outside ExpertsJointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually beneficial solutions.Separate experts are hired to support the the litigants’ positions, often at great expense to each.
Involvement of Family LawyersYour lawyers work toward a mutually created settlement.Lawyers fight to win, but someone loses.
PrivacyThe process, discussion and negotiation details are kept private.Dispute becomes a matter of public record and sometimes, media attention.
Facilitation of CommunicationTeam of specialists educate and assist you and your spouse on on how to effectively communicate with each other.No process designed to facilitate communication.
Voluntary vs. MandatoryVoluntary.Mandatory if no agreement.
Lines of CommunicationYou and your spouse communicate directly with the assistance of members of your team.You and your spouse negotiate through your lawyers.
Court InvolvementStays out of court.Court based.

Collaborative divorce offers several key benefits over traditional litigation:

  1. Control: Couples maintain decision-making power over their future, rather than leaving it in the hands of a judge.
  2. Cost savings: Staying out of court can significantly reduce legal fees and associated costs.
  3. Customization: Solutions are tailored to the family’s unique needs and priorities.
  4. Preservation of relationships: The collaborative process fosters respectful communication and can help maintain important family bonds.

e Collaborative Process: A Roadmap to Resolution

The collaborative divorce process in Texas typically involves the following steps:

How Do You Know if Collaborative Divorce is Right for You?

Collaborative divorce may be a good option for resolving your own family law conflicts if you agree with the following:

  1. You value open and respectful communication: Collaborative divorce requires open and respectful communication between the parties in order to reach a mutually acceptable agreement.
  2. You prioritize your family’s well-being: Collaborative divorce focuses on finding solutions that meet the needs of all parties involved, including children, and prioritize the well-being of the family as a whole.
  3. You are willing to work together: Collaborative divorce is a cooperative process and requires a commitment from both parties to work together towards a resolution.
  4. You want to avoid litigation: Collaborative divorce allows you to resolve disputes without going to court and avoid the time, expense, and stress of a traditional court battle that comes with a litigated divorce.
  5. You are open to creative solutions: Collaborative divorce often leads to creative and mutually beneficial solutions that might not have been reached through traditional adversarial negotiation.

It’s important to note that collaborative divorce may not be the right choice for everyone, and each individual’s circumstances will dictate the best approach to resolving their divorce. Consulting with an experienced Austin collaborative divorce attorney can help you determine if this process is right for you.

Choosing an Austin Divorce Lawyer for a Collaborative Divorce

An experienced collaborative divorce attorney can help you choose the best  for you and your family. Extra emphasis should be placed on the word experienced because it may be the most important thing to look for in an Austin collaborative divorce lawyer. If you are truly considering the collaborative approach to divorce, I encourage you to ask any family law attorney you meet with a very important question:

How many divorces have you successfully settled using the collaborative process?

About Austin Collaborative Divorce Attorney Cristi Trusler

Cristi Trusler has over 20 years as a family law attorney, becoming Double Board Certified by the Texas Board of Legal Specialization in both Family Law and Child Welfare Law. She has settled hundreds of collaborative divorces which has enabled her to become Masters Level Credentialed by Collaborative Divorce Texas.

Schedule some time to talk with Cristi about how the collaborative process might work with your specific situation.

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