What is collaborative law?
With the divorce rate on the rise in the country, it may come as no surprise to Dallas residents that people are trying to come up with ways to make the emotionally difficult time easier for all the parties, especially if there are children involved. There are a few ways couples can approach the divorce process – litigation, mediation and collaborative law.
Even though mediation law and collaborative law are similar in that both parties have an opportunity to sit down and talk through the issues before going to court, in mediation a mediator discusses the issues with the parties and counsel remains a bipartisan party whereas lawyers guide each party through the rights and obligations in a collaborative law divorce. Collaborative law was introduced in America in 2009 through the Uniform Collaborative Law Act, which was made available to individual states when the Uniform Law Commission adopted it.
Texas is one of the states where collaborative law is practiced.
Going through litigation can strain an already tenuous relationship between the divorcing couples as emotions are running high during the stressful time. Using collaborative law to resolve all the issues before approaching the court means that parties have already agreed on the details of their divorce and are more likely to follow through on the terms of the agreement.
Entering into a collaborative law divorce is a purely voluntary step that Texas couples must choose to make. Where both parties agree to the basics, it may be easier on them if they decide to use a collaborative method rather than a hostile one. After all, even though the marriage has come to an end, the divorced couple will always be tied together through their children and it is better if their relationship is an amicable one.
Source: Inquisitr, “Collaborative Divorce continues to spread in the USA-welcomed by stress ridden divorcees,” June 29, 2014
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.
