When people decide to divorce in Texas, there is generally some level of conflict present. There is a reason that the couple is getting a divorce and are no longer together. Therefore, there are bound to be some disagreements along the way as they try and separate their life. People may have disagreements over child custody or child support, alimony, asset division or other issues. However, some couples have more disagreements than others.
High conflict divorces often times end up being litigated at a trial because the couple is not able to reach agreements on their own. They need a judge to make the decisions for them. This generally means that the couple will be even more entrenched in their positions and the conflict will probably continue after the divorce. It can also be very costly as well.
People in this situation may feel that they have no option, but collaborative law may still work for high conflict divorces. These types of couples probably will still need the help of a good mediator through the process though. Mediators can help people see the big picture and what they have to gain by agreeing or by showing them what they stand to lose if they want to litigate. Often times this means very expensive legal fees. Sometimes it is important just to let the parties vent their frustrations first. However, with the help of good mediators, the parties may be able to change their frame of mind and focus on what is best in the long term.
There are many people who divorce in Texas each year. Many of these start off as high conflict divorces as well. Collaborative law may still work in these cases though and may end up saving the parties money and help them work towards an agreement, which is the best solution for their divorce. Experienced attorneys trained in collaborative law may also be able to assist people in reaching the best results.
Source: familylawyermagazine.com, “Mediation vs. litigation for high-conflict divorce,” Judge Michele Lowrance (Ret.), accessed July 11, 2017