For those who are considering an end to their marriage, figuring out the legal minutaiae can lead people to avoid the process altogether. After all, the emotional toil that comes with a divorce may lead some to waive important rights simply to get the the process over with. Who wants to continually fight someone (or bear the brunt of someone's anger) simply to leave a relationship.
While the number of divorces in Texas is steadily increasing, more people are taking advantage of collaborative divorce and other forms of alternative dispute resolution. Interestingly enough, collaborative divorce can take many forms. This post will explain the basics of collaborative divorce and how couples can benefit.
Collaborative divorce is based on the notion that you are partners in divorce, not adversaries. Each party pledges to work towards solutions that will help the process go forward, meaning that both parties will be open to making concessions, as opposed to the traditional mode of arguing over legal issues, marital property, and children. In fact, parties who choose the collaborative method often work with a team of professionals, including a real estate appraiser, an accountant and a parenting time coordinator who help the parties reach an accord.
There are several benefits to collaborative divorce. For starters, it is often cheaper than traditional litigation. There are no discovery motions, depositions or trial preparation. This dramatically reduces the time attorneys must spend on preparation legal work. Also, the relationships that co-parents must have are preserved. Litigation often takes a significant (and permanent) toll on relationships, and when they can be saved, it is better for children.
Source: US News.com, Why a collaborative divorce makes financial sense, August 19, 2013