Collaborative Divorce Resolution in Texas
When a marriage has to end but the parties prefer to resolve their property division and child-related issues privately and amicably, Texas law provides a procedure called “collaborative law” that allows them to do so outside of the traditional adversarial process. In a collaborative divorce, the spouses, with guidance from their collaborative law attorney, commit to engaging in open, rational, and productive negotiations over a series of private sessions in order to reach agreements relating to property division, child custody, visitation, and support that adequately serve the interests of both individuals and their shared children.
In a Texas collaborative law divorce, the spouses each hire a specially-trained collaborative lawyer to provide guidance and advice during the process. In many cases, the process also involves a therapist/counselor and an experienced financial planner; these are neutral experts who are present during the process to assist the parties work through their emotional and financial issues. Each collaborative lawyer is not only an advocate for his or her client, but also guide their client through the legal provide, and serves the function of keeping their clients “on track” toward adhering to the spirit and purpose of the collaborative law process and reaching a mutually-acceptable outcome without litigation.
Collaborative Lawyer Serving Denton, Lewisville, and Flower Mound
Helene Parker is a trained collaborative lawyer in the Denton, Lewisville, and Flower Mound areas. With more than 16 years of experience helping clients through difficult and complex Texas family law matters, Ms. Parker and the staff at Helene Parker & Associates, L.L.C. are unique in their ability to provide considerate, efficient, and effective representation in the collaborative setting.
The Texas Collaborative Law Divorce Process
The collaborative law process starts with the parties entering into a formal agreement that binds them to participate in good faith. The agreement also commits the parties to provide full disclosure of financial and other relevant information, and it prohibits them from seeking court involvement unless they choose not to continue with the collaborative process. With these rules in place, the nature and tone of negotiations tend to be much less adversarial; and, with the assistance of the collaborative attorneys, the parties are frequently able to consummate an amicable divorce.
In a collaborative divorce, the parties will come to terms on issues including:
If the parties are on the same page from the beginning, the process can be relatively swift. If they have material differences it can take some time, though typically still not nearly as long as it takes to litigate a contested divorce. For collaborative law divorces in Denton, Lewisville, and Flower Mound, collaborative attorney Helene Parker works with her clients and their counterparts to reach prompt and efficient divorce settlements.
When the Process Breaks Down – Mediation and Litigation of Contested Divorces
If the parties to a Texas collaborative law divorce are unable to resolve their differences amicably, then one or both parties can terminate the process and begin traditional divorce dispute resolution proceedings. Under the Texas collaborative law statute, when the collaborative process breaks down, both parties must terminate their collaborative law attorneys and hire new legal counsel to represent them in the subsequent proceedings.
Helene Parker & Associates, L.L.C. represents parties to contested divorces, and Helene Parker is also an experienced Texas family law mediator who can help represented parties attempt to resolve their differences through mediation, be it voluntary or court-ordered. If you have been involved in unsuccessful collaborative law negotiations, we can help with the next phase of your divorce.
Speak with a Lewisville Collaborative Lawyer
To learn more about the collaborative law process, or to request a free consultation with Lewisville collaborative attorney Helene Parker, please contact us today. We serve clients in Denton, Dallas, Farmers Branch, Carrollton, Lewisville, The Colony, Little Elm, Frisco, Flower Mound, and surrounding areas.
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