Basic Description of Collaborative Law Divorce

Collaborative law divorce is different from the commonly known divorce in that the process is used to resolve disputes in which both clients retain separate lawyers whose only job is to help the clients settle their disputes.  The collaborative process encourages open communication between the clients and their respective lawyers.  Both the parties and the attorneys for the parties in the divorce agree to work together in a collaborative manner.  All participants, clients and lawyers, also agree to be respectful and honest and to participate in good faith to try to reach an agreement that will be in the interests of both parties.

Collaborative law divorce is unique from standard divorce litigation in that if the case does not settle in the collaborative process, the lawyers must withdraw and cannot participate in court proceedings.  The written agreement in the collaborative divorce process that the attorneys will not go to court allows both the attorneys and the clients to approach and reach a resolution of the divorce in different ways not usually considered in a standard divorce.   Another attractive feature of collaborative law divorce for many clients is the fact that the proceedings are conducted in private as opposed to the courthouse except for the final “prove-up” of the divorce. I recommend divorce clients to review the Comparisons of Litigation and Collaborative Law Process written by the Collaborative Law Institute of Texas. 

3)       Introduce the Idea of Collaborative Law to Your Spouse – It is important that both husband and wife understand and believe the collaborative process is the best approach to the divorce process to minimize damage to finances, emotions, and valuable relationships;

4)       Create a Collaborative Team – Once the collaborative process is agreed upon by the wife and husband, the lawyers will agree upon and select a neutral financial professional and/or other professionals that would be beneficial to the issues in the divorce;

5)       Schedule a Joint Meeting – A majority of the workload in a collaborative law divorce happens in agreed upon scheduled meetings where both parties and both lawyers and other “team” professionals are present.  The first joint meeting by design is intended to set the tone and outline for the case and lay the foundation of the case to allow the collaborative law process the best chance for success.  The joint meeting is scheduled by the lawyers in order to accommodate the schedules of both parties.  A collaborative law divorce is an extremely structured process designed to provide a safe environment for both husband and wife to gather information, explore options, and negotiate with one another in an efficient and streamlined manner.

Thomas Finley is a Lawyer-Attorney serving clients in Dallas, North Dallas, Preston Hollow, University Park, Highland Park, Plano, Frisco, Carrollton, Richardson, Duncanville, De Soto, Cedar Hill, Lancaster, Midlothian, Garland, Rockwall, Allen, McKinney, and both Dallas County and Collin County.