Collaborative Divorce in Austin

What is a Collaborative Divorce in Texas?

A collaborative divorce in Austin is when both parties hire their own collaborative divorce attorney and commit to working together towards a settlement outside of court, aided by mental health and financial experts. This approach fosters a less competitive and more cooperative environment. However, court involvement is prohibited during the collaborative process. Consequently, if either party requires court intervention, they must end the collaborative law process and enlist new legal counsel, as the collaborative divorce attorneys are no longer authorized to represent that spouse in court. Collaborative divorce in Texas does not guarantee a quick, easy, or cheap case, but the collaborative law process does allow the spouses to have more control over the outcome of the divorce by resolving matters outside of court.

How Does Collaborative Divorce in Austin Work?

Chapter 15 of the Texas Family Code provides a non-controversial option to dissolve a marriage within the Collaborative Family Law Act. A Collaborative Divorce in Texas is like a continuous mediation process where the collaborative divorce attorneys take a different approach from a contested or litigated case. A collaborative divorce in Austin differs from mediation because, during mediation, the parties’ attorneys strive for the best deal for their client’s current needs. However, collaborative divorce attorneys must also account for the needs of others and the client’s future needs.

Collaborative Divorce Attorneys in Austin

Collaborative divorce in Texas is a specific type of case conducted pursuant to the Collaborative Family Law Act. Section 15 of Title 1A states that for a collaborative divorce in Texas, the parties must:

Sign a collaborative family law participation agreement
Be represented by collaborative family law lawyers

The Texas Family Law Code requires that both parties hire a collaborative divorce attorney in Austin. All attorneys who are licensed by the State Bar of Texas are eligible to practice collaborative divorce in Texas. However, the collaborative law process is a specific process structured differently than traditional divorce. Attorneys certified in collaborative divorce in Texas have the education and specific skill set to navigate your collaborative divorce under the Texas Family Code. We recommend working with a certified collaborative divorce attorney for the best experience possible, especially if the other party is retaining a certified collaborative divorce attorney.

Core Principles of Collaborative Law

A collaborative divorce does not guarantee a lack of conflict as exhibited in uncontested separations. Instead, this particular family law practice area aims to help the parties resolve their conflicts outside of the courtroom with four guiding principles.

Commitment to Avoid Court During the Process

In the participation agreement, the parties and their collaborative divorce attorneys commit to staying out of the courts while engaged in the collaborative process. In collaborative law, if the parties fail to reach a settlement agreement, the collaborative divorce attorneys on both sides must withdraw and allow for litigation counsel to step in as necessary.

Respecting the Collaborative Law Process

The collaborative law process unfolds through several key steps: agreeing to ground rules, gathering and exchanging information, exploring options, evaluating those options, negotiating solutions, and finally, documenting agreements. Participants acknowledge and pledge to adhere to these sequential steps, aiming to facilitate more informed and lasting decisions for all involved.

In collaborative law cases, parties and their attorneys opt for an informal exchange of documentation rather than a formal “discovery” process. Together, they identify necessary documents and are obligated to provide them, streamlining the information-sharing process.

Accounting For Top Priorities of All Parties

Collaborative law employs interest-based negotiation techniques aimed at equalizing power dynamics between divorcing couples while safeguarding individual rights. By focusing on shared interests such as needs, desires, goals, and concerns, this method fosters win-win solutions, steering away from confrontational tactics.

Acknowledging the inherent difficulties in resolving family conflicts, the process recognizes the presence of broken trust, hurt feelings, and intense emotions. Professionals pledge to navigate these challenges with compassion and empathy, striving to communicate and act in a manner that nurtures hope for eventual peace within the family, no matter how messy the journey may be.

Neutral Third Party Experts

In collaborative law cases, expert involvement may be necessary for matters like business valuation or child custody evaluations. These experts are jointly retained and agreed upon by the parties and their attorneys beforehand, ensuring a collaborative approach to resolving complex issues.

The process aims to empower individuals to make informed decisions in resolving disputes. Participants recognize the importance of full disclosure, transparency, and documentation in facilitating informed and lasting resolutions. They commit to acting in alignment with this goal, fostering an environment where all parties can make empowered decisions based on complete information. While professionals play a role in informing, educating, and advocating for the clients and their families, the ultimate success or failure of the process depends on the actions and decisions of the clients themselves.

Neutral Parties in Collaborative Divorce

The typical collaborative divorce model includes two collaborative divorce attorneys and two neutral parties. It is not required to use both neutral parties as long as the parties and collaborative divorce attorneys agree on the neutral parties used.

Neutral Party: Financial Professional

A Financial Professional can assist in collaborative divorce in Texas by obtaining the financial data to best analyze the divorcing couple’s situation. With their experience and expertise, a financial professional can assist collaborative divorce attorneys in settlement negotiations and making recommendations for what is financially reasonable. Collaborative divorce attorneys provide direction to financial planners by detailing proposed settlement offers and supplying financial data. While attorneys lack expertise in cash flow planning, qualified plan valuation, and executive stock option analysis, planners bridge this gap with their extensive experience and knowledge. By generating various scenarios and visual aids such as graphs and tables, planners elucidate the future financial outlook for each party. This facilitates attorneys’ negotiation efforts, making the settlement process smoother.

When reasonable financial needs are met and properly forecasted, both parties can move on feeling financially secure and split amicably.

Neutral Party: Mental Health Professional

Another neutral party that can be part of your collaborative law team is a mental health professional. This neutral party can step in to guide any meetings with your collaborative divorce attorneys to help keep the parties focused and balanced throughout the collaborative law process. The mental health professional can also meet one-on-one with both parties to prepare for emotional triggers and understand their desires during their collaborative divorce in Austin.

Including a neutral party mental health professional is not required for collaborative divorce in Texas, but couples often find that working with a mental health professional is beneficial for everyone involved. For collaborative law cases involving individuals with high-conflict personalities, this neutral party can become essential for success. Such personalities often stem from underlying fears, which the Mental Health Professional can help identify and address. By delving beneath the surface, they can mitigate potential conflicts, saving time and money. They can facilitate private sessions with the parties to address concerns without disrupting joint meetings.

Benefits Of Collaborative Divorce

Choosing to pursue a collaborative divorce in Austin offers numerous advantages for couples seeking to end their marriage amicably and efficiently. Here are some key benefits of opting for collaborative divorce in Texas:

Preserve Relationships

Collaborative divorce in Austin prioritizes maintaining respectful relationships between spouses, which is particularly beneficial when children are involved. By fostering a cooperative atmosphere, collaborative law helps to preserve important family bonds, reducing the emotional toll that traditional litigation can often take.

Empowers Decision Making

Unlike traditional litigated proceedings where a judge makes decisions on behalf of the couple, collaborative law empowers spouses to make their own decisions regarding important matters such as asset division, child custody, and support arrangements. This allows for greater flexibility and control over the outcome of the separation.

Privacy and Confidentiality

These proceedings are conducted in private, away from the public eye of the courtroom. This ensures that sensitive information remains confidential and protects the privacy of both parties and their families.

Customized Solutions

Divorcing couples can craft creative and customized solutions that meet their unique needs and circumstances. This can result in more satisfactory outcomes for both parties, as opposed to the one-size-fits-all approach often imposed by a court.

Reduced Conflict

By promoting cooperation and compromise, collaborative divorce attorneys can help minimize conflict between spouses. This can lead to smoother transitions post-split and lays the groundwork for healthier co-parenting relationships if children are involved.

Potential to Save Time and Money

With a focus on open communication and problem-solving, collaborative divorce in Austin often leads to a faster resolution compared to traditional litigation. By avoiding lengthy court battles and reducing the need for multiple court appearances, couples can save both time and money throughout the collaborative law process. This can help the parties move forward with their lives more quickly and with less stress.

The Disadvantages

Regardless of the option you choose to dissolve your marriage, there are advantages and disadvantages. However, there are three potential drawbacks of collaborative divorce in Austin:

You and your spouse must agree to the collaborative law process: If either spouse has doubts about the collaborative law process, negotiations can lead to arguments that could require litigation. If this happens, both parties need to select new representation and neither will get their time or money back from working with their collaborative divorce attorneys.
Collaborative divorce in Texas can still be expensive: There is a possibility to save money when you take this path, however, it is not guaranteed. Between the collaborative divorce attorney’s fees and any neutral third-party costs, collaborative divorce in Texas can add up. There is also a chance that your collaborative law case transitions into a contested court case, which as mentioned above comes with additional costs.
The outcome is not promised: Collaborative divorce attorneys aim to reach a fair settlement that benefits both parties involved. Collaboration fosters greater compromise than litigated cases, potentially resulting in a more equitable distribution of assets. Depending on your goals, this can be seen as a drawback to collaborative divorce in Austin.

Working With A Collaborative Divorce Attorney in Austin

Collaborative divorce in Texas is a specific legal process that requires experience and expertise from the beginning. In order to put your best foot forward for a smooth collaborative divorce in Austin, please reach out to Deyerle Silva Smith, PLLC and our certified collaborative divorce attorney team would be happy to guide you through this journey. Contact us today!

Our expertise includes:

Pre-Divorce Guidance
Contested Divorce
Complex Divorce
High Conflict Divorce
High Net Worth Divorce
Professional Divorce

Achieving the best outcomes

See what our clients are saying about their case outcomes.

"Candice, Ashley, and Laurie are highly professional, strategic, thorough, and above all intelligent. They helped me stay organized (which is no small feat), gracefully pivoted in the face of challenges, and provided emotional clarity in times of distress, even when those challenges and distressful situations were due to missteps by me. In my case, Candice routinely exhibited prescience regarding which matters deserved focus and which matters were distractions, which saved time, and money. Ashley expertly delivered to the court clear, concise, and highly effective summaries of complex topics. More than once, Candice and Ashley noticed and brought to light critical details that easily would have been missed and that had a huge impact. I couldn't say enough about how much this team helped me through my ordeal."

Greg Banister

"Lianna inspired confidence from my first contact with her. Her calming demeanor and good information convinced me to let her handle my divorce, and I believe that was a good decision to this day. She handled my divorce very professionally and respectfully and with favorable results. I can easily recommend Team Lianna for divorce matters."

Neil Sembower

"Incredibly experienced - Produces great results Kody was the best decision I made when choosing legal representation. His experience was invaluable in helping me understand the ramifications of each option and choices available during my divorce proceedings. The professional nature of Kody and his team was evident by their responsiveness and execution. Preparation meant everything as we headed into mediation and I felt supported and empowered by his informed and organized approach. He was sensitive and honest about the cost/benefit of each complex element of our assets/liabilities which led to a successful agreement and avoided costly litigation. Divorce is a major life event that has a long lasting impact on everyone involved. His guidance during this difficult time has made the experience positive for me and has laid a strong framework for my future and my children's future as I move forward."

Alex

"Divorce sucks. The issues keep coming years later. No other way to phrase it. My experience with the firm was top notch. I retained the firm for a mediation in an effort to have more visitation with my two young boys. My attorney (Lianna Smith) took my concerns and helped build a plan around what wanted. During all the times of frustration, Lianna would constantly talk me off the ledge and remind me to play the long game. Her paralegal (Laurie Theriot) was always available to answer a question or look up something. Laurie is a jewel!"

Richard Lazo

"Ultimately what needed to get done was done. But throughout the several months I used their service, I had to prompt them to do things. I also caught numerous errors that I feel like they should have caught prior to sending me something to approve. Fortunately I have had experience reviewing legal documents, though I’m definitely not an attorney. When I would send Laurie, the paralegal assigned to me, an email she was very responsive, so that was a good experience. I never had trouble getting ahold of them, I just usually had to prompt the communication and I did not think it was appropriate that I had to point out as many errors in legal documents as I did. If you are not prone to reading everything, proceed with caution."

Michael Bullock

"Knowledgeable, Realistic, Compassionate, & Gets Results When first meeting with Mr. Silva, he asked me, ideally, what I would like to get out of the divorce process and to prioritize them. He walked me thru how the legal process would work and then laid out a strategy to try to reach objectives we had set and agreed upon. Mr. Silva was very knowledgeable of the law and of the Williamson County court system. Mr. Silva and his team were always very responsive whenever I had a question or concern regarding my case. Mr. Silva valued my time and concerns. When is was all said and done, the strategy that Mr. Silva had laid out, worked, and we were able to achieve our top three priorities in the case. I would definitely retain him again in the future if the need ever arose."

Ryan

"I needed an understanding divorce lawyer to help me complete complicated and detailed divorce. One that had been winding through the process in Washington DC and needed to start over and be re-executed in Texas. Laurie Theriot and her paralegal Candace Deyerle were amazing to work with and so helpful on the detail work. Thanks to the whole thing in helping set me free. I could not recommend them enough."

Victoria G.

"I went through a difficult divorce recently that required experience with LGBTQ issues. Picking Kody for my legal counsel was the best choice I could have made. I knew from the first meeting with Kody that he was completely invested in my case and would give it the attention it would require. He proved to be an exceptional lawyer. He was fair-minded, professional, and realistic at all times, even when my ex-wife’s lawyer was trying to make it extremely difficult to stay civil. He knew when to be firm and unwavering with the opposing counsel, which ultimately resulted in an agreement without having to go to court. Kody and his paralegal, Priscilla, are an excellent team. They were friendly and responsive at all times. The billing of my case was handled in a very prudent and efficient manner. I wouldn't hesitate to hire Kody again in the future."

Anonymous

"Outstanding Job Lianna listen to me and was compassion to my situation. She worked with me and guided me as to what I would be expecting during the whole divorce. She outline detail by detail the steps that were going to be taken. She was always there to answer my concerns and questions. During the mediation she fought all the way to make sure that I got my fair share. Her attention to detail was awesome. I couldn't had asked for a better lawyer than her. I had met with other lawyers before her and they didn't acknowledge the pain I was going through. However, when I met with her she listen and was so understanding toward my pain that I immediately knew she will fight for me."

Minerva