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What you need to know about collaborative divorce

| May 13, 2020 | Collaborative Law |

When you think about divorce, you may picture the traditional antagonistic process involving litigation. We know that collaborative divorce may be a new concept for you and you probably have many questions about it.

Collaborative divorce involves a team of professionals who guide you and your spouse through the process. However, unlike meditation or arbitration, there is no third party presiding over the process.

Who are the professionals involved in a collaborative divorce?

According to the Fort Worth Star-Telegram, you and your spouse typically each have an attorney representing you. To protect your privacy and demonstrate a commitment to the collaborative process you, your spouse and your respective attorneys agree that you will seek new counsel if you have to seek litigation due to failure of the collaborative process.

Other professionals involved in collaborative divorce include financial planners and mental health professionals. The role of the former is to advise you and your spouse objectively about the economic effect of your divorce on each of you. Mental health providers serve as facilitators.

How do you choose professionals to assist with a collaborative divorce?

It is important to find professionals who have received training in collaborative law and apply that knowledge in their practice. A Texas-based organization is making it easier for you to identify professionals who can assist with collaborative divorce by awarding credentials to professionals who routinely practice the process.

How common is collaborative divorce?

Less than 10% of Texas divorces are collaborative. However, couples seeking an alternative to litigation are requesting it more often. As awareness grows, the prevalence of collaborative divorce is likely to increase.