What is Collaborative Divorce?
Collaborative Divorce is a process in which divorcing parties work though the issues of their case using a method known as “interest-based negotiation,” which enables spouses to formulate agreements that focus on their most important individual and mutual goals. It is a settlement process that focuses on helping couples and their families find their way to respectful resolution by creating an emotionally safe environment for the parties to express their interests and goals, negotiate and resolve their conflict without going to co
Each spouse hires their own specially trained collaborative divorce attorney, and a team of neutral professionals is available for assistance with managing the financial issues while a communications and parenting specialist can help keep the negotiations moving and assist the parties in their parenting plan if they have children. As a part of the collaborative process, clients sign a contract in which they agree to settle all of the issues in their case using interest-based negotiating tools to formulate their agreements and not threaten to go to court. The parties commit themselves to resolving their differences in an adult, thoughtful, and structured process that will maximize the value of the ultimate agreement for them.
Who is Collaborative Divorce For?
Couples who are interested in:
- Protecting their children from conflict.
- Privacy in their case.
- A process with structure and efficiency, which can translate into saving time and money.
- A process and settlement that is customized to the family’s needs and interests.
- Communicating respectfully with each other.
- Maintaining a good relationship with their spouse and co-parenting with each other, if they have children.
- Maintaining a good relationship with their friends and extended families after the divorce.
- Maintaining control over their calendars during the case, as opposed to depositions or hearings being scheduled without consideration of their schedules.
- Keeping peace in their family and reaching an agreement where they have control over the outcome vs. a court having total control over the outcome of their case.
- Moving forward rather than dwelling on the past.
The History of Collaborative
Texas became the state to have a collaborative law statute, which became effective on September 1, 2001. Dallas lawyers Larry Hance and John McShane then established the Collaborative Law Institute of Texas, now known as Collaborative Divorce Texas. The Uniform Collaborative Law Act was passed in Texas and became implemented in Texas on September 1, 2011 as the Collaborative Family Law Act.
Contact The Law Office of David S. Bouschor now to see if a collaborative divorce is the right option for you!