McKinney Collaborative Divorce Lawyer

Out-of-Court Solutions for Divorce in Collin, Denton, & Dallas Counties, TX

It’s common knowledge that divorce is often stressful and highly emotional. Many decisions about your life and future will involve your children, finances, property and assets, and other details. The impact of these decisions can be long-lasting and life changing. 

Most people associate divorce with court litigation, especially over child custody and the division of marital property and debt. These can be contentious matters, but they don’t have to become a war zone. An alternative route exists to the traditional court process. This alternative is collaborative divorce, a method Petitt Family Law has offered and successfully used for years. 

This is a process where you and your spouse and your respective lawyers work together to reach a mutually beneficial agreement outside of court, in a private space, on your schedule instead of a court’s. The primary objective is to minimize conflict and promote respectful communication, making it easier for everyone involved, especially for children who might be affected. 

Want to learn more? Contact us online or at (469) 716-6893 to schedule a consultation with our McKinney collaborative divorce attorney. 

How Does Collaborative Divorce Work?

In a collaborative divorce, couples agree to negotiate in good faith, share information honestly, and work towards a fair settlement, considering all family members’ welfare. Every party has a voice, and every concern is considered. The lawyers representing each party must also adhere to specific guidelines prioritizing collaboration over confrontation.

Couples and lawyers sign a "no court" agreement during this process. This agreement means that if the collaborative process does not result in a settlement, the lawyers will withdraw from the case, and the couple will be required to hire new representation for court litigation. This stipulation motivates everyone to commit fully to finding a resolution within the collaborative process.

The process can include outside experts giving you critical information needed to come to settlement terms. These experts can include child specialists, tax consultants, accountants, appraisers, business valuation professionals, and others as needed. 

While the process is conducted outside of court, you still benefit from legal representation. Your lawyer will not engage in hostile behavior towards the other side. Their role is to protect your rights and interests while seeking optimum ways to resolve all issues fairly and equitably. 

The success of the process depends on the commitment of both parties. If the process fails, you and your spouse must proceed through court litigation, starting the cycle anew with a different attorney. 

What Are the Benefits of Collaborative Divorce?

Collaborative divorce has many benefits over traditional litigation.

These include:

• Avoiding adversarial court battles reduces the emotional pain, heartache, and high stress associated with divorce. 
• Reduces the time and expense of divorce because it is independent of the court process.
• Provides more privacy as it involves only the marital partners and their lawyers and is not achieved in the public arena of the family court.
• Generally, shields children from the stress of divorce because it does not involve aggressive courtroom trial behavior.
• Fosters a more harmonious post-divorce relationship between parties, which is particularly beneficial when children must be co-parented. 
• Allow customized solutions catering to your family's unique needs and circumstances.
• Allows you and the other party to remain in control of crucial decisions instead of being subjected to the dictates of a judge.

More Common Questions About Collaborative Divorce

What is the difference between collaborative divorce and traditional divorce?

Collaborative divorce focuses on negotiation and cooperation between both parties, aiming to reach a settlement without court intervention. In contrast, traditional divorce often involves adversarial court litigation, which can lead to conflicts and high levels of stress.

How much does collaborative divorce cost?

While the costs can vary depending on the complexity of the case and the professionals involved, collaborative divorce is typically more cost-effective than traditional litigation due to its efficiency and the reduced time spent in court. Many couples find they can save significantly on legal fees.

Is collaborative divorce suitable for everyone?

Collaborative divorce works best for couples who are willing to communicate openly and commit to resolving their issues respectfully. However, it may not be suitable for couples facing issues such as domestic violence or severe power imbalances, where additional safety and support may be required.

How long does the collaborative divorce process take?

The duration of the collaborative divorce process can vary widely based on the complexity of the issues involved and how well the parties communicate. However, many couples find that they can reach an agreement more quickly than they would through traditional litigation.

Can I change my mind about pursuing collaborative divorce?

Yes, if at any point during the process either party feels that collaboration is not effective or suitable, they can choose to discontinue the collaborative approach. However, this would require both parties to hire new representation for the court process.

What happens if we cannot reach an agreement through collaborative divorce?

If the collaborative process does not result in a settlement, both parties must switch to traditional court litigation, and their respective lawyers must withdraw from the case. This ensures that all parties remain committed to the collaborative process, striving to find a mutually agreeable solution.