Collaborative Divorce in Austin, Texas: A Better Way to End A Marriage
Traditional Divorce is difficult and adversarial, but there are alternative approaches to the traditional litigation model. These alternative approaches have become popular, widely used, and may be called:
- Alternative Dispute Resolution
- Collaborative Divorce
- Collaborative Law
- Collaborative Family Law
- Collaborative Practice
- Uncontested Divorce
If you are seeking a different, more amicable and tailored approach to ending your marriage, Collaborative Divorce may be the right choice for you. Collaborative Divorce as a method has emerged as a distinct alternative to traditional divorce and provides a means for families to have a primary role in reaching interest-based resolution. So, what does that mean? Instead of a traditional litigation model, which has each “side” focusing on how to outshine or outwit the other in an expensive battle in the courtroom; Collaborative Divorce involves identifying interests so that a number of more tailored outcomes can be developed to move beyond continued conflict. I like to explain it to my clients like this: where traditional divorce is like a tug-of-war, with each “side” needing to triumph over the other as the only means of survival, Collaborative Divorce is like a dog sled team with everyone pulling the same direction for the good of the whole team. When we look at those motivating factors behind why a conflict exists, it allows us to be much more effective at finding an amicable resolution. The experienced attorneys at the Law Office of Carly Gallagher Murray are happy to explain and guide you through the Collaborative Divorce process with care and expertise.
Understanding Collaborative Divorce
Unlike traditional litigation, Collaborative Divorce empowers families to maintain control over the outcome of their divorce while working with a team of professionals, which may include attorneys, financial experts, and mental health professionals. During the Collaborative Divorce process, parties agree that they will work with their team to forgo need for involvement by the Court. Once committed to the process, parties further work to identify and understand the interests that motivate parties in a divorce. By prioritizing cooperation and communication, the parties with the help of their team can reach a truly party-driven, mutually beneficial agreement outside of Court.
Collaborative Divorce typically begins with both spouses retaining an attorney specifically trained in the Collaborative Method. From there, the parties and their respective attorneys sign a Participation Agreement, committing to resolve their issues through communication and cooperation. Throughout the process, meetings are held to discuss various aspects of the divorce, such as child custody, support, and division of assets. With the guidance of our experienced Collaborative Divorce attorneys, we will work together to create solutions that meet a family’s needs.
Collaborative Divorce vs. Uncontested Divorce
In Collaborative Divorce, both spouses work together with their respective attorneys and, often, other professionals like financial advisors or mental health neutrals to reach an interest-based, party-driven agreement.
The process emphasizes cooperation, open communication, and problem-solving rather than adversarial litigation.
If the Collaborative Process fails, and the couple decides to go to court, both attorneys must withdraw, and new attorneys must be retained. This encourages commitment to the Collaborative Method.
Uncontested divorce refers to resolving a divorce outside of Court also, but it does not necessarily involve commitment to waiving involvement of the Court. Typically, most uncontested divorces will resolve in mediation, where, through a series of negotiations, both spouses will agree on all relevant issues which will be recorded in a Mediated Settlement Agreement. This agreement then becomes the basis for their divorce decree.
Unlike Collaborative Divorce, uncontested divorce does not focus on parties’ interests, nor does it involve a shared team of professionals working together. An uncontested divorce may still encounter dispute over conflicting interests, and the kind of resolution employed is position-based negotiation with Court as an option in the event of unsuccessful negotiation.
Even though uncontested divorce implies agreement on all major issues, it’s still important for each spouse to seek legal advice to ensure their rights are protected, the agreement is appropriate and legally sound, and all documentation and filings meet the proper legal standards in Texas.
Benefits of Collaborative Divorce
Collaborative Divorce can offer numerous benefits, including:
- Preservation of Relationships: By requiring open communication and mutual respect, Collaborative Divorce helps to preserve important relationships, especially when co-parenting children are involved.
- Cost-Effectiveness: Collaborative Divorce can result in lower total cost compared to traditional litigation, as it removes the need for preparation for and attendance at multiple court hearings. That Collaborative Divorce agreements are party-driven, this results in greatly minimized future litigation.
- Control and Flexibility: Unlike court-imposed judgments, Collaborative Divorce allows couples to tailor agreements to their unique family’s needs and priorities, providing greater control, flexibility, and satisfaction in the process.
Why Choose Carly Gallagher Murray for Collaborative Divorce in Austin, Texas
Carly understands the sensitive nature of divorce proceedings and the importance of finding peaceful resolutions that prioritize the well-being of her clients and their families. As a trained Collaborative Divorce attorney, Carly is dedicated to providing compassionate guidance and skilled representation throughout every stage of the process. With experience and expertise, she will help you navigate your Collaborative Divorce with confidence and clarity.
If you’re considering Collaborative Divorce in Austin, Texas, we’re here to help. Contact us today to schedule a consultation and learn more about how collaborative divorce can provide a peaceful path to resolution for you and your family.
(You can also read a bit more about Collaborative Divorce via Collaborative Divorce Austin or Collaborative Divorce Texas.
Many families find that a collaborative divorce provides a creative, pleasantly surprising resolution for their divorce needs… Contact me now so that we can discuss your options and help you decide if a collaborative divorce best serves your needs and unique situation.
Not sure if a collaborative divorce is right for you? Contact me to discuss your case and my services as a traditional divorce attorney.
