Divorcing couples often ask if they will later be able to modify the terms of their settlement agreement. The answer is not an easy one and is both yes and no, depending on what portion or portions of the order the person wants to modify. Petition to Modify Only the court can issue an order modifying the terms of a divorce decree. If you need a modification, you must file a petition with the … [Read more...]
Divorce: How Much Will It Cost?
One of the most common questions I get is, “How much will my divorce cost?” For anything except the most simple case, there is no way to predict the cost of a divorce. It depends on the type of divorce process the couple chooses to pursue, if the opponent has an attorney or is representing themselves, the methods used by the opposing attorney, the court that the case is filed in, the … [Read more...]
How Do You Explain to Clients About Mediation, Litigation and Collaborative?
When a marriage breaks down, the parties know is they want a divorce, but they are unaware of the different methods available to them to make that happen. At Paula Lock Smyth Law Offices, we begin our representation by explaining to our clients what their options are and how mediation, litigation, and the collaborative divorce process work. Litigation Litigation is the traditional … [Read more...]
Why I Believe in the Collaborative Divorce Process
Divorce ends an old and begins a new chapter of life. It is often a challenging transition that should be handled with care. Working with attorneys and professionals, clients can resolve divorce matters in a civil manner and with concern for sensitive and difficult life situations. That’s what we at Paula Lock Smyth Law Offices seek to do in the collaborative divorce process. What is the … [Read more...]
Two Approaches To Divorce In Texas
In most cases, a divorce in Texas actually consists of two family law issues that are consolidated into a single case. Assuming that there are children and property, the first and most important issue that’s addressed involves the best interests of the children of the parties to the divorce. Don’t Delay After Service In nearly all cases, the petitioner must serve the respondent with a … [Read more...]
The right lawyer for a collaborative law approach
A previous post on this blog talked about how a person who wants to participate in the collaborative law approach to resolve a family law issue can still have his or her own attorney and is in fact encouraged to do so. Even though the approach in collaborative law cases is different-going to court is, during the process, is off the table-- an attorney still plays an important role and has an … [Read more...]
May I still have an attorney in a collaborative law case?
One hesitation a Dallas resident might have about using "collaborative law" to settle either a child custody or other family law matter is that they may think no one will be on their side of the negotiation table since everyone is, theoretically, working together to talk through issues. While this may sound really nice in theory, a Texan may worry that, in practice, it could mean his or her own … [Read more...]
What is a collaborative law divorce?
Couples may often hesitate to put an end to their marriage because they are afraid of going through the legal system. They do not know how much money and time it will take, the emotional affect it might have on their children and the possibility of having their private information revealed in court publicly may be daunting. For those who want to avoid an uncertain outcome by going through court … [Read more...]
How does the collaborative divorce process work?
The collaborative law divorce process is a beneficial process for divorcing couples to consider. Rather than sorting out divorce-related disputes through litigation and contentious exchanges between the spouses, the collaborative law divorce process is one that allows the couple to work together to reach a divorce agreement that saves time, money and bad feelings. Couples will need to … [Read more...]
Understanding different options for divorce
In the United States, sadly, 50 percent of marriages end in divorce. Because of the important life event the end of a marriage can be for many couples, it is useful for couples considering divorce to understand all the different options that may be available to them through the family law process. Options range from traditional divorce to mediation and collaborative law. One … [Read more...]