A couple that has been married for 12 years has decided to part ways. They both wanted to keep things as amicable as possible, especially for the sake of their two children. After much research, they chose collaborative divorce, a process that promises a respectful and cooperative approach to ending their marriage.
Initially, things went smoothly; they met with their lawyers, discussed their mutual goals, and started working on an agreement. However, as they delved deeper into the details, unresolved issues surfaced.
Tensions rose as old wounds surfaced. Their once hopeful collaborative process began to melt down.
Collaborative Divorce is an outstanding option when couples are up to it. When it works, it offers a peaceful and respectful way to end a marriage. But when it doesn’t, you should be aware of other options to help you negotiate the intricate divorce process.
Alternatives to Collaborative Divorce
If collaborative divorce fails, the next step depends on the couple’s willingness to seek a peaceful resolution. Here are some alternatives to collaborative divorce:
Renewed Collaborative Divorce
Renewed collaborative divorce involves ending the current session, acquiring new attorneys who are well-acquainted with your past attempts, and re-committing to hammering out a fair agreement.
Divorce Mediation
Couples can try mediation, in which a trained, neutral third party helps facilitate negotiations. Mediation is similar to collaborative divorce and can be less adversarial than going to court.
Arbitration
Arbitration is similar to mediation, but each side has an attorney. The attorneys reach an agreement, but if they can’t, the case goes to an arbitrator. Arbitrators will listen to arguments from each spouse and make a decision. Unlike mediation, the arbitrator has the power to decide the outcome, which can be binding or nonbinding. A binding decision is final, enforceable by a court, and can only be appealed on minimal grounds.
Traditional Litigation
Litigation may be the only answer if collaborative methods fail. This involves taking the case to court, where a decide on contested issues. Litigation is often more time-consuming, expensive, and stressful but provides a definitive resolution.
Hybrid Approaches
Some couples might benefit from a combination of mediation and litigation, where they attempt to settle some issues through mediation and leave the more contentious issues for the court to decide.
Please call Christman | Daniell Attorneys for your legal needs today!
Are you looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The Christman | Daniell Attorneys attorneys believe in tailoring legal advice and solutions to your circumstances.
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