• Home
  • Firm Overview
    ▼
    • My Practice
    • Professional History
    • Memberships, Activities, Recognition
  • Practice Areas
    ▼
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Parenting Rights
    • Probate, Wills, Trusts & Estate Planning
  • FAQs
    ▼
    • Just Been Served Papers? Now What?
    • Child Support FAQs
    • How Long Does It Take To Get A Divorce?
    • Is There Such a Thing as Legal Separation?
  • Blog
  • Contact Us

Paula Lock Smyth

Dallas Family Law & Divorce Attorney

  • Home
  • Firm Overview
    • My Practice
    • Professional History
    • Memberships, Activities, Recognition
  • Practice Areas
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Parenting Rights
    • Probate, Wills, Trusts & Estate Planning
  • FAQs
    • Just Been Served Papers? Now What?
    • Child Support FAQs
    • How Long Does It Take To Get A Divorce?
    • Is There Such a Thing as Legal Separation?
  • Blog
  • Contact Us
You are here: Home / Blog / Collaborative Divorce / The Pros and Cons of Each Type of Divorce

The Pros and Cons of Each Type of Divorce

September 11, 2017 By Staff - S.R.

reasons for divorceIn a divorce, the issues of child custody, visitation and the division of assets and debts are resolved by one of 3 processes: an agreement of the parties, the collaborative divorce method or through adversarial litigation. There are pros and cons to each type of divorce.

Agreement of the Parties – The Kitchen Table Model

Most people don’t want their personal life aired out and on display in a public courtroom. If you are able to resolve all of the issues related to your divorce at the kitchen table, you can work toward filing the divorce case at your own pace; however, but it is also likely that certain issues are either going to be missed or not settled fairly in the eyes of the law. You run the risk ending up in court again seeking a modification of the original agreement. This is less likely to happen when you each have your own attorney.  While settling over the kitchen table may have some initial cost savings, having to return to court to unwrap a poorly drafted divorce decree ultimately will cost more than you might have saved.

Collaborative Divorce

With the collaborative divorce method, the parties are also the decision makers, and you are also able to proceed at your own pace not dictated by a Judge’s docket. Your attorneys and certain other agreed-upon professionals can contribute their input to result in a divorce based upon a fair and just agreement. Confidentiality is maintained, and upon divorcing, you will have a marital settlement agreement that you can live and work with in the future. The drawback to the collaborative process is that if the you are unable to settle all issues in your case, you are then required to retain new attorneys and seek a resolution by way of mediation or even a trial. And as we all know, a contested trial quickly can become costly and emotionally draining.

Contested Adversarial Divorce

Although certainly not the preferred method of divorce, a contested case does allow for relatively quick temporary hearings on major issues like temporary custody and child support. Hearings can usually be obtained within 14 to 21 days after filing a petition for temporary relief.  As a result of the temporary hearing, the spouse who prevailed often gains an initial advantage, and that can have a chilling effect on the other party’s desire to proceed with the case. Even if a temporary order doesn’t impede a divorce litigant’s enthusiasm for a contested hearing, he or she will be ordered to mediate the case before a trial date is set. Other than the cost, there’s no downside to mediation. The parties still retain control, and the right to a trial is not lost. The downside to a contested adversarial divorce is that typically a trial is much more expensive, emotionally draining and the results are left in the hands of a stranger – a Judge that does not know you and cannot possibly have a full understanding of your family’s dynamics after a day or two in trial.

For More Information About Divorce. Contact an Experienced Dallas Family Law Attorney.

To schedule a free initial consultation with a Dallas Family Law Attorney, contact Paula Lock Smyth Law Offices at 214-420-1800.

Filed Under: Collaborative Divorce, Divorce

Paula Lock Smyth Law Offices

2911 Turtle Creek Blvd. Ste. 300
Dallas, Texas 75219

Phone: 214-420-1800
Fax: 214-420-1801

Find what you need…

Additional Videos

VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text

Contact Us

From the Blog

Can you catch a divorce?

The divorce rate in the United States is close to 50 percent today, so chances are many Dallas … [Read More...]

Paula Lock Smyth Law Offices

2911 Turtle Creek Blvd. Ste. 300
Dallas, Texas 75219

Phone: 214-420-1800
Fax: 214-420-1801

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • LinkedIn
  • Twitter

Copyright © 2023 · by Paula Lock Smyth Law Offices. All rights reserved.

· · ·

Website Design by The Crouch Group

Log in