Roadblocks in a Divorce Settlement
Texas family law courts encourage divorcing couples to create their own settlement agreement. This is sometimes impossible, or at least difficult, when one or both parties encounter roadblocks that prevent them from resolving the issues necessary to finalize the divorce.
Common Roadblocks in a Divorce Settlement
No matter whether the divorce is contested or collaborative, the personalities of the couples involved are extremely important. Some people seem to be more naturally cooperative and forthcoming than others. The ways in which one or both parties may create roadblocks include:
- “Hiding the ball.” Although the rules of discovery make it difficult, there are still a lot of folks that think they can conceal information from the other side so that they can have an advantage at a hearing or in negotiations.
- Scheduling delays. The court dockets have been negatively impacted by COVID-19. If couples cannot settle issues themselves, often they will have a longer wait for a court date to become available so the judge can decide for them.
- Trust issues. In many cases, the parties are unable or unwilling to trust the information provided by the other spouse. One party may feel totally in the dark about their finances. A spouse may feel they are being taken advantage of, which creates emotional stress that makes it difficult to come to a settlement.
How a Collaborative Divorce Helps Couples Through Their Settlement Roadblocks
In a collaborative divorce, we have a series of meetings in which we try to make the environment as non-threatening as possible. We follow an agenda about what is going to be discussed in a particular meeting and we often ask parties to do homework in preparation for the next collaborative session.
If necessary for resolving some issues, we call in neutral professionals who can assist in their area of expertise. Since it is a collaborative process, we do not have dueling experts that run up the costs of the divorce but use only one professional in each field.
We have a mental health expert to help with whatever emotional issues crop up. There is a financial expert who helps the couple reach a settlement that works for them both and helps each spouse create a workable budget for their future.
Many of these sessions with experts can be handled in offline sessions with just the couple and the expert so the parties are not spending money on attorney’s fees.
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.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers.
She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.
