Collaborative Divorce
Resolve Your Divorce Without Going to Court
Divorce does not have to become a courtroom battle. If you and your spouse are willing to work together toward solutions, Collaborative Divorce offers a private, respectful process that allows you to resolve important issues without asking a stranger in a black robe to make decisions for your family.
At Paula Lock Smyth Law Offices, we help clients use Collaborative Divorce to address property division, parenting plans, child support, spousal maintenance, and other family law matters while maintaining greater control over the outcome.
What Is Collaborative Divorce?
Collaborative Divorce is an out-of-court process in which both spouses and their attorneys commit to resolving the divorce through Interest-Based Negotiation rather than the Position-Based approach commonly used in litigation. Instead of taking opposing positions and asking a judge to decide the outcome, the focus is on identifying each person’s goals and working together to develop solutions that meet the needs of the entire family.
In Texas, there are two primary paths to divorce. One is traditional litigation, which often involves temporary hearings, burdensome document production, written discovery, court hearings, mediation, and sometimes a trial. The other is the Collaborative Divorce Process, authorized by Chapter 15 of the Texas Family Code, which is designed to help families reach agreements outside of the courtroom.
When spouses choose the Collaborative Divorce process, they sign a participation agreement stating that they will work together in good faith, fully disclose their assets and liabilities, and refrain from pursuing litigation while participating in the process.
How Does Collaborative Divorce Work?
The Collaborative Divorce process consists of a series of structured meetings, either in person or through Zoom, typically lasting about two hours each. During these meetings, both spouses work with their attorneys to identify their goals, discuss concerns, and develop solutions for financial matters, property division, parenting plans, and other family law issues.
When appropriate, neutral professionals such as financial specialists, tax professionals, child specialists, or mental health professionals may participate. Their role is to provide objective guidance and help both spouses to make informed decisions that support the long-term interests of the family.
Once an agreement has been reached, the attorneys prepare an Agreed Final Decree of Divorce. After it has been reviewed and signed by both spouses and their attorneys, it is presented to the court for “entry” (signing by the judge). All of this can be handled without either client ever having to appear in court.
What Are the Benefits of Collaborative Divorce?
Collaborative Divorce allows you and your spouse to remain actively involved in shaping the outcome of your divorce rather than leaving important decisions to a judge. Some of the benefits include:
- Resolving the divorce without courtroom litigation;
- Maintaining greater control over financial and parenting decisions;
- Creating customized parenting plans that meet the needs of your children;
- Protecting your family’s privacy by keeping personal matters out of open court;
- Working with neutral professionals who provide guidance in financial and child-related matters;
- Focusing on practical, long-term solutions rather than adversarial positions.
While Collaborative Divorce is not the right choice for every family, many people appreciate the opportunity to resolve important issues in a more private, respectful and solution-focused environment.
Is Collaborative Divorce Right for You?
Collaborative Divorce works best when both spouses are willing to negotiate in good faith, communicate openly, and remain committed to resolving issues outside of the courtroom. As a trained Collaborative Divorce attorney and charter member of Collaborative Divorce Texas, Paula Lock Smyth helps clients evaluate their options and determine whether the collaborative process is the right choice for their family.
Learn More About Collaborative Divorce
Choosing the right divorce process can have a lasting impact on your future. If you are considering Collaborative Divorce, Paula Lock Smyth can explain the process, answer your questions, and help you determine whether it is the right approach for your circumstances.
Contact Paula Lock Smyth Law Offices at 214-420-1800 or contact us online to schedule a consultation.
Frequently Asked Questions
How Is Collaborative Divorce different from traditional litigation?
Collaborative Divorce uses Interest-Based Negotiation, while traditional litigation typically relies on a Position-Based approach. Instead of arguing over fixed positions and asking a judge to decide the outcome, spouses work together to identify their goals and develop solutions that meet the needs of the entire family.
What happens if we cannot reach an agreement?
If the Collaborative Divorce process does not result in a settlement, both collaborative attorneys must withdraw from the case, and each spouse retains new litigation counsel before proceeding to court. This encourages everyone to remain committed to finding solutions.
Can we use financial or child specialists during the process?
Yes. Depending on your family’s needs, neutral professionals such as financial specialists, tax professionals, child specialists, and mental health professionals may participate to provide objective guidance and help the parties reach informed decisions. Because of the nature of Collaborative Divorce, the parties save money by hiring only one set of these professionals, instead of the costly “dueling experts” in the litigation model.
Do we have to appear in court?
In many Collaborative Divorce cases, the final paperwork is presented to the judge for entry without either spouse having to appear in court.
Is Collaborative Divorce right for every couple?
No. Collaborative Divorce works best when both spouses are willing to negotiate in good faith, exchange information openly, and remain committed to resolving issues through cooperation rather than litigation.
