Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Collaborating Attorneys End Divorce Wars

Many Houston couples do not want long, drawn out court battles. These couples agree that they need a divorce and want to divide the community property fairly. They also want their children to be minimally impacted by their break up.

Attorneys specializing in collaborative divorce help end divorce wars. The Texas Family Code encourages a collaborative approach, stating

 

“It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including disputes involving the conservatorship of, possession of or access to, and support of a child, and the early settlement of pending litigation through voluntary settlement procedures.

 

If a provision of this chapter conflicts with another provision of this code or another statute or rule of this state and the conflict cannot be reconciled, this chapter prevails.”

 

The code provides specific processes and procedures that the attorneys and their clients must follow. Many of Houston’s divorce attorneys are now specializing in this approach.

Attorneys using the collaborating approach toward divorce discard the adversarial concept of traditional divorce. The attorney and client work with the client’s spouse and spouse’s lawyer to negotiate a settlement that is fair to both parties.  Differences of opinion worked through series of settlement conferences instead of lengthy, expensive litigation.

Collaboration allows couples to work through their disputes without the constant stress of maneuvering to gain advantage over their spouse. It gives the couples the flexibility to set the pace of their divorce and actively participate in creating solutions to issues they do not agree upon. Their children are not burdened by their parents’ constant hostility towards each other.

Hiring a collaborative divorce attorney is a good option for couples seeking an amicable end to their marriage. The joint effort to reach a settlement requires the spouses to have a high degree of trust in each other and their attorneys. They must be willing to compromise. Trust and compromise allows a couple to take a proactive stance in creating solutions to issues where they are diametrically opposed.

It is important that couples remember that a collaborative approach their divorce does not automatically solve all problems. Sometimes, despite the best efforts of the couple and their respective attorneys, a complete settlement cannot be reached. But using the collaborative process usually greatly reduces any resentment the couple might feel towards each other if they turn to Houston’s Family Court to resolve the issues where they cannot reach consensus.

No Comment

Comments are closed.