Is Collaborative Law Really Speedier Than Litigation?

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Usually, it is, although it’s hard to know. Comparing two litigated cases is hard to do because of so many different variables in each case: different judges, different emotional states of the parties, different facts, different histories of the parties, different motivations, and so on. Although people try to compare divorces all the time, the comparisons are not fair or …

What Does a Collaborative Lawyer Do? — Part 1

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In much of Texas, and especially in Fort Worth and Tarrant County, Collaborative cases are handled by lawyers who use the team approach. Collaborative lawyers are usually the entry point for parties who want to use the Collaborative process to settle their divorce or other family law matter. The lawyers explain the process to prospective clients. If the client is …

Is Collaborative Law Cheaper than Litigation?

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Answer: Sometimes, but it’s really hard to directly compare the two systems.Collaborative Law involves having a series of relatively brief meetings to work through to settlement in an organized and efficient manner. Including the preparation and debriefing times for each meeting, my experience is that there is often a three-hour block of time expended for each meeting. That can add …

Changing a Case to Collaborative after Filing

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A common question people have about Collaborative Law is whether they can change a litigation case into a Collaborative case after it has been filed. The answer, thankfully, is Yes!Some Collaborative attorneys will file a petition for divorce and either include a paragraph and information about Collaborative Law or provide, through separate documents, information to be served on the other …

Do We Have to Sign a Participation Agreement?

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Simple Answer: For the case to be considered a Collaborative Law case, a participation agreement must be signed by the parties and the attorneys. What is it? The agreement sets out in very clear language how the process works, explains confidentiality, discusses the use of neutral experts and explains the requirement for the attorneys to withdraw in the event the …

What if I Don’t Want My Attorney to Withdraw?

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Simple Answer: Unfortunately for you, and also fortunately for you, the attorney must withdraw in a Collaborative case if the process breaks down. That is one of the fundamental characteristics of the Collaborative process, according to the Texas Family Code. Without the requirement for the attorneys to withdraw, a case cannot be considered a Collaborative Law case.Why must the attorneys …

Why Do We Spend Time Writing Our Goals?

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Some people are just impatient and some wonder why we set goals when most people going through divorces don’t spend time doing it. The answer is that we need a target to focus on. Collaborative Law is interest-based, which means that negotiations take into consideration the goals, needs and interests of each party. An agreement is not to be based …

Why Do We Need a Financial Professional

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In a Collaborative Law divorce case, you may not need a financial professional (FP) if there are just child custody and visitation issues. If there are property issues, you should include a financial professional to help the parties. Financial professionals help in a number of ways. FPs help both parties develop budgets for the future so they can make realistic …