Collaborative Divorce

When people think of family law, they often think of the horrible stories they hear from their friends or the movie War of the Roses. There once was a time where the the only choice a family had was to go to court to resolve their family disputes. Now, Texas offers another choice for families to resolve their disputes called collaborative divorce. The team at Gaydos Duffer wants the best outcome for you and your family, while protecting your assets, and that resolution does not always mean a trip to the courthouse. Take a look at some of the benefits of choosing a collaborative divorce for your family.

What is Collaborative Divorce?
It’s a holistic method of handling family law disputes, where the parties agree that they will not use the court system. Instead, each party retains an attorney and works together to try and resolve their family matter. The parties sign a participation agreement (i.e. a contract) stating that if they decide to use the court system to resolve their dispute, their attorneys will each have to withdraw from the case and they will have to retain new counsel to represent them in their litigated matter.

What are the Benefits of using a Collaborative Divorce attorney?
There are many benefits to using a collaborative divorce attorney to resolve your family disputes. Some of the most common benefits are:

Control Over the Process
You have 100% control over the process. Every meeting is held by joint agreement of the parties. In addition, as long as the clients remain in the collaborative process, a court cannot interfere with the case for two years.

​High Level of Confidentiality
It affords you a high level of confidentiality that you cannot get in litigation. When you are involved in litigation, you may have a hearing and be forced to air out your family’s business in the presence of strangers and maybe even your neighbors. In collaborative divorce, you do not go to court for any hearings other than the final hearing to prove up your divorce. All information exchanged and all discussions are confidential.

Control over the Outcome
It gives you the opportunity to decide what is best for your family and your family’s specific needs. For example, Texas law provides certain minimum guidelines for child support, spousal maintenance and parenting time. However, the minimum guidelines may not be in the best interest of your family. In collaborative divorce, the clients make the decisions about what is best for their families and they are not bound by the minimum standards of Texas law or the decision by a judge who does not know you or your family.

Focus on Family
Most importantly, a collaborative divorce attorney focuses on families. Litigation tends to pin families against each other. Think about the dynamic of court: each client sits at a different table and their attorneys do the talking for them. In a collaborative divorce, the clients and their respective attorneys work together often times in the same setting to create a final decree of divorce that is most reflective of the family’s needs post-divorce.

The attorneys at Gaydos Duffer are collaboratively trained and understand the benefit of collaborative law to resolve family disputes. Gaydos Duffer has handled estates of all sizes with varying family dynamics that was best to remain out of the courtroom. Contact Gaydos Duffer to schedule a consult to determine if a collaborative divorce is the right choice for your family.