In the collaborative law divorce model, both spouses and their respective lawyers agree in advance that neither spouse will take any contested issue to court. The “Collaborative Team”, which may include mental-health and financial professionals, focuses its attention on finding ways to restructure the family so that both spouses involved get their needs met to the greatest extent possible.
If both spouses decide on the collaborative Law road to divorce, they must sign an agreement that they will share all information available to them about their children and property.
The spouses agree to work together with the attorneys and other professionals to arrive at a mutual solution that meets both of their most important goals and concerns.
In the event that the parties are not able to settle their case using the collaborative law model, litigation attorneys can still take the divorce case to court, but the collaborative lawyers must withdraw and cannot continue to represent the parties in the divorce case.
Collaborative law is conducted in a series of joint meetings in which the parties and their lawyers, and possibly other professionals, sit down together in the same room. Under Texas law, anything said in these meetings is confidential and may not be revealed in a court room. Participation in the process is voluntary, and cannot be ordered by the court. Either spouse may choose to end the process at will, and both spouses must agree to any resolution that is reached.
It is strongly recommended that, should you choose to proceed in the collaborative law divorce model, the attorney that you select has been formally trained in the process of collaborative law.