I’m so angry right now. I don’t think I can talk with my spouse.
The Collaborative Law process takes this into consideration and uses the attorneys’ roles and structured agendas to make talking to your spouse easier. If your or your spouse’s anger is so strong that you cannot think straight or act rationally, you may not be a good candidate for Collaborative Law. However, communication problems are expected in troubled marriages.
I feel I am clearly in the right and that in trial the judge will take my side. Why then should I opt for Collaborative Law?
For the most part, family court judges believe it takes two to destroy a marriage. You may be disappointed if you assume you are “right” and your spouse is “wrong.” By trying your case before a judge, you risk the Court’s not seeing all the problems the same way you do, and you may lose control over decisions affecting the rest of your life. Judges do not have the time most people would like for them to devote to their case. Denton County, Texas, for example, has only six district courts processing thousands of divorces per year.
In Collaborative Law; will I still get a lawyer who will vigorously represent my interests?
Yes. Attorneys are trained to advocate their clients’ interests no matter what the circumstances. Just like any professional you might hire, if you are not satisfied, you are free to retain other counsel.
What if my spouse and I fail to reach an agreement through out collaborative attorneys?
The Collaborative Law contract signed by the parties and attorneys to begin the process requires the attorneys to withdraw if no agreement is reached. The parties are then free to retain other counsel and proceed as they feel appropriate. Their collaborative lawyers are committed to assist in the transition. Because the early stages of any lawsuit are largely devoted to gathering relevant information, and Collaborative Law is no exception, the parties, by agreement, can insure that very little of the time and money expended in the Collaborative Law process is wasted in the event the process fails.
What if we sign an agreement and later my spouse doesn’t abide by it?
Final agreements reached through Collaborative Law are drafted into a court oder which, when signed by the judge, becomes an enforceable decree.
I’m willing to give the Collaborative Law a chance, but how do I convince my spouse?
The Collaborative Law attorneys listed here have independent practices, but wish to offer the general public a new way of settling cases. All will exercise their independent professional judgment on behalf of their client, adhere to the Texas State Bar Code of Ethics, and follow proven guidelines for practicing Collaborative Law. Encourage your spouse to call and independently ask questions before deciding whether this process if for him or her.
What if my spouse declines the Collaborative Law process? Can I still hire one of the attorneys in the network to represent me?
Yes. All of our attorneys maintain private practices and are experienced litigators in family law.