Houston Collaborative Law Attorneys
How Will Your Divorce Be Handled?
Your divorce can be handled in a number of ways. You can go to trial and fight it out. You can prepare for trial, but settle in divorce mediation prior to trial. You can agree to resolve matters outside of the litigation process through collaborative law methods. At the Houston law firm of Joseph Indelicato, Jr., P.C., we can provide the kind of divorce representation you are looking for.
Understand Texas Collaborative Law Divorce
Collaborative law divorce is a process where both parties agree to work out decisions without proceeding to trial. A filing is made with the court indicating that the parties are proceeding with a collaborative divorce. While other Divorce Practice filings will trigger the case to be scheduled for trial, in certain counties (such as Harris County) collaborative divorce cases will not be set for trial for at least two years.
In a collaborative divorce, the overall focus is on getting matters resolved amicably. Both parties, and their respective attorneys, will meet to discuss issues of property division, child custody, visitation and other important issues. Specialists may be called in to supplement discussions and suggest more creative legal solutions. Collaborative law rules require the current lawyers to step down if the case proceeds to trial. This rule keeps everyone — including the lawyers — focused on reaching an agreement that everyone can live with.
Is Collaborative Divorce Right for Me?
Collaborative divorce is not for everyone. If the couple can't stand to be in the same room, let alone work together trying to reach agreement on important issues, collaborative law methods won't be effective. However, if the couple has a relationship where both parties will be forthcoming with information and they can work together to come to a solution, collaborative law methods may be beneficial.
Collaborative divorce does not follow the same rules and procedures as divorce litigation. In collaborative law divorce, there is no formal discovery phase where each party formally submits information regarding income, assets, debts and other applicable information. Unfortunately, without court mandated discovery procedures, there is no guarantee that both parties are providing the information that is necessary for a fair marriage settlement agreement.
If there are concerns over trust or complex property issues, it may be more effective to proceed with Divorce mediation rather than collaborative divorce.
Talk to a Board-Certified Family Lawyer
Call us at (713) 952-1115 or contact us to speak with our family law firm serving Houston and the surrounding parts of Texas.