Bee Cave Collaborative Divorce Lawyer

Experienced Collaborative Divorce Attorney in Bee Cave, TX

It’s always recommended that you proceed with a divorce with as clear a head as possible. A divorce can easily become tumultuous, unpredictable, and expensive, particularly if you choose the traditional route of divorce court litigation. There may be an easier and much less stressful alternative if you and your spouse are willing to be cooperative with each other and work together. You should consult with a Bee Cave collaborative divorce lawyer to learn more.

Hire a Collaborative Divorce Lawyer

The legal team at Heinrich Christian, PLLC knows what lies ahead for you in a collaborative divorce case. If you don’t adhere strictly to the Texas collaborative divorce laws, the whole process could end up being short and ultimately fruitless for you. You need to hire a Bee Cave collaborative divorce attorney to oversee the process and prevent mistakes. Our team can bring over 25 years of combined experience to your case and provide guidance when necessary.

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How Does Collaborative Divorce Work in Texas?

If your collaborative divorce doesn’t work out and you go through traditional divorce court in Bee Cave, your case is handled by the Travis County District Courts in the Travis County Civil and Family Courts Facility in Austin. Every divorce is different, and some can be decided collaboratively. The divorce rate in Texas is 2.1 per 1,000 people, with a marriage rate of 49%. Collaborative divorce laws are strict, and you should hire a collaborative divorce lawyer to help.

If you and your spouse are not hostile, vindictive, or driven by a need to ruin each other, you may want to consider collaborative divorce as an alternative to litigation. This is a chance to sit down outside of a courtroom and talk about things amicably. The intention is to decide on every factor of your divorce together, including alimony, asset division, child custody, and child support. Here are the most significant steps in the collaborative divorce process in Texas:

• The process starts by drafting and signing a legally binding participation agreement. This agreement explains the terms of the collaborative divorce process, the rules of the discussion you’re about to have, and what happens if the process should fail. As per the laws of the state, if collaborative divorce doesn’t work out, you and your spouse are required to fire your respective lawyers and seek new counsel for litigation.
• Once you’ve signed the participation agreement, you will start building your multidisciplinary team. This unique aspect of a collaborative divorce helps you work through your various divorce elements. While your lawyers are there to facilitate the discussion, you also have financial professionals to help untangle debts and mental health professionals to work through emotions and develop parenting plans.
• Collaborative divorces are not decided in front of a judge. They are talked through in a private attorney’s office or conference room where your team holds periodic meetings, usually six to eight separate sessions, in a safe space for negotiations. The team considers the needs of both spouses and works together to accommodate those needs as much as possible.
• It’s important to stress that two of the most significant things you get in a collaborative divorce instead of a litigated divorce are privacy and control. Collaborative divorce is not part of the public record. Only the people involved in the process know what has transpired. Additionally, both spouses have final say over every element that’s discussed.
• Once a mutual agreement is reached by both spouses, the lawyers draft the final settlement document. A judge looks it over and signs it. You may have to attend a brief uncontested hearing, but it’s nothing compared to the often long, drawn-out, grueling backlog scheduling of the court system in a traditional divorce.

FAQs

What Shouldn’t You Say in Divorce Mediation?

Mediation is a crucial part of the collaborative divorce process, and it’s important that you avoid saying certain things to make the process take longer or become vindictive. Don’t say any accusatory, absolute, or emotional statements designed to hurt your spouse. This accomplishes nothing. Don’t assign blame, don’t issue any ultimatums, and don’t concede your future for the sake of ending the conflict quickly. Focus on being constructive.

What Money Is Safe in a Texas Divorce?

Texas is a community property state, which means that all marital property is divided evenly between both spouses. What’s protected is anything that’s considered separate property. This is property that was owned by one spouse before marriage. It includes any pre-marital savings, inheritances, personal injury settlements, and real estate owned before marriage. It also includes any debts that one spouse had before the marriage.

How Do I Do a Collaborative Divorce in Texas?

If you want to pursue a collaborative divorce in Texas, you must first discuss it with your spouse. If they also wish to pursue a collaborative divorce, you should go speak with a collaborative divorce lawyer to see what your options are. If both spouses agree to the process, you must sign a participation agreement outlining the terms to negotiate a divorce settlement privately and without litigation. Then, the process begins.

When Does Collaborative Divorce Not Work?

Collaborative divorce doesn’t work when one or both spouses refuse to compromise, act in bad faith, hide assets, or attempt to be purposefully vindictive out of spite. This process relies entirely on voluntary cooperation. Without that, the process simply won’t work. If there is a serious power imbalance, a history of domestic violence, or a refusal to communicate, it’s recommended that you pursue traditional litigated divorce.

Bee Cave Collaborative Divorce Lawyer

Collaborative divorce can end up being cheaper, faster, and much less stressful than a litigated divorce, but it only works if both parties are willing to put in the work and cooperate fully with your team. It can sometimes be easier to work through this together, particularly if there’s no animosity. At Heinrich Christian, PLLC, we can advocate for you throughout the process and protect your interests in Bee Cave. 

Contact us today to speak with a team member who can help with your case.