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(833) 553-4251
The process of dissolving a marriage is often a contentious matter, but that does not mean it has to turn into a drawn-out, costly court battle. When two spouses are generally on the same page about important issues, they may be able to save time and money by pursuing a collaborative divorce.
This unique process allows both parties to work with a compassionate divorce attorney outside the court system to reach a negotiated resolution. When it is over, a judge will review the final agreement and enter a divorce decree. An Austin collaborative divorce lawyer could assist in bringing both sides together.
Collaborative divorce is a unique process that is very different from the traditional methods of legally ending a marriage. Instead of spending countless hours in court while a judge controls the process, this approach allows the spouses and their attorneys to determine how things go.
Both sides must sign a Participation Agreement at the beginning to confirm their commitment to the collaborative process. A judge will not be involved outside of some limited exceptions until both people reach the final agreement.
If the two spouses cannot reach an agreement, they must end their attempt and start over on the traditional path. They must hire their own legal counsel, as an Austin attorney cannot handle both sides of a contested divorce, only a collaborative one.
There are some similarities between a collaborative divorce and mediation, which is a tool many spouses in Austin use to resolve many types of civil cases rather than a lawyer. It involves a third party—the mediator—working with both sides to reach a decision on unresolved issues like spousal support or property division.
However, mediation is not an independent process used to formally end a marriage. Often, it is used by two parties already moving forward with a traditional divorce. It is non-binding, meaning if the two sides cannot make an arrangement, they will still have the opportunity to return to the traditional system.
Collaborative divorce has many benefits for the two spouses. Chief among them is the opportunity to end a marriage while protecting the privacy of both parties. Negotiations that take place during this process are held in confidence, meaning that those details will never become part of the public record.
Another important factor to consider when it comes to hiring an Austin-based attorney with a background in collaborative divorce is the amount of control the parties retain over the process. There are no judges, court rules, or deadlines to navigate. Instead, the two parties and their legal counsel will set the pace and create any timelines in the case.
Finally, this approach can dramatically reduce the conflict that is common with the breakdown of a relationship. Emotions can still run high, but working together to secure a reasonable outcome usually results in a less contentious outcome compared to litigation.
Concluding your marriage does not have to be a battle. If you and your spouse see eye-to-eye regarding the major issues, you may be able to reach an agreement. This can save you time, money, and stress compared to traditional court proceedings. Call us today to schedule a consultation with an Austin collaborative divorce lawyer and learn more.
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