Collaborative Divorce offers parties a non-adversarial alternative to settlement. The process assures individuals that they will be represented by skilled legal counsel without court involvement. There is no court time required (other than entering the Divorce Decree to finalize the case). There are no litigation costs for the parties.
In a traditional, litigated divorce, mediation often occurs after the case has been prepared for trial, discovery has been conducted, and the parties positions have become polarized. Most of the financial and emotional trauma of the traditional divorce case has already been suffered by the parties at this stage.
In Collaborative Divorce, the process is designed to protect the rights of each party, while operating under a commitment to settle. The parties may choose to bring in certain professionals, either financial or mental health/communication experts to assist with the case. It is the job of the entire collaborative team to ensure that the process stays positive and productive – focused on acceptable resolution rather than “winning” and “losing.” Mediation may be used in the Collaborative process to assist with settlement if the parties are unable to reach a final agreement concerning all issues in the case.
The Collaborative Process helps guard against this. The Collaborative Process requires that a lawyer withdraw if her/his client is being dishonest, or participating in the process in bad faith. The parties and attorneys sign a Collaborative Participation Agreement at the beginning of the case in which everyone agrees to handle the case openly and honestly.
The parties and attorneys are bound by the Collaborative Participation Agreement that they will not go to Court over any contested issue. If agreement cannot be reached, the Collaborative attorneys may suggest bringing in a mediator or other professionals to facilitate settlement. However, if one or both parties wish to discontinue the collaborative process, both attorneys are legally obligated to withdraw from representing their clients. This means that both parties have an incentive to settle their case collaboratively in order to avoid having to hire new attorneys and begin a traditional, litigated divorce through the court system, adding time and expense to the divorce.
Representation and fee agreements between the attorney and client are also entered into in a Collaborative Divorce. However, many of the most expensive parts of a conventional, litigated divorce (like depositions, discovery, expert witnesses and hearings) are avoided in the Collaborative Process. There are no litigation costs in a Collaborative Divorce.
Yes, as long as all parties agree to work within the Collaborative Process. The attorney who may not be familiar with the Collaborative Process should be approached by the experienced Collaborative attorney to determine their receptiveness to the process and to provide information about the Collaborative Process.
Property will be divided into two categories, “community and separate.” Community property is all property acquired during the marriage, and includes both assets and debts. Each spouse is entitled to one-half of the community property. Separate property is the property each party owned before marriage or acquired by inheritance or gift during the marriage.
You must file your divorce petition in the county where you have lived for the preceding 90 days. You must have been a resident of Texas for a minimum of six months.
These are the rights and duties awarded to each parent concerning the children, such as determining the child’s residence, what schools the child will attend and what doctor he/she will see. In Collaborative divorce the parents will be named Joint Managing Conservators and most, if not all, of these rights and duties will be shared between both parents.
The divorce decree must contain a possession schedule or parenting plan in which each parent's time with the children is set out in detail. In Collaborative Divorce, a possession or parenting plan can be tailored to fit the needs of both parents. The Texas standard possession schedule which sets out a minimum possession schedule is as follows:
Overnight possession and summer periods of possession for young children will be addressed with particular care in Collaborative divorce. Shorter periods of possession occurring more frequently may be set out in the possession schedule.
Texas Child Support Guidelines set out that the obligor parent is to pay a certain percentage of his/her monthly net resources for child support. The Guidelines provide for the following percentages, depending on the number of children:
Child Support is paid until the child is 18 years of age or graduates high school.
There are different types of Adoption: International, Domestic and Stepparent.
International Adoption requires that an IH-4 (formerly IR-4) or IH-3 (formerly IR-3) visa be issued in the adopted child’s home country by the U.S. Department of Homeland Security. This visa will allow the child to travel to the United States with the adopted parent(s). A Petition for Adoption or a Petition for Readoption can then be filed in a Texas District Court.
Stepparent Adoption requires the termination of the biological parent’s parental rights and a Petition for Adoption of the stepchild. The biological parent may voluntarily relinquish her/his parental rights.
Special Immigrant Juvenile Status (SIJS) is a federal law that enables certain undocumented children to obtain lawful, permanent resident status. The process requires a state Court to determine that it is not in the child's best interest to return to his/her home country. Applications are then filed with U.S. Citizenship and Immigration Services (USCIS), one for special immigrant juvenile status and one to adjust the status to lawful, permanent residency. Both applications are filed at the USCIS district office with jurisdiction over the child's residence.