Wednesday, December 7, 2011

When Considering Divorce Hire A Collaborative Divorce Austin Lawyer To Help

By Tom Gonzalez


Divorce is a life-changing decision. Anger, pain, distress, and loss leave a divorcing spouse vulnerable when making decisions that need objectivity. The legal process is normally very emotionally charged. Previously, the primary legal remedy was litigation, a time and cost-consuming process leaving parties financially and emotionally drained.

## What's Collaborative Divorce?

The newest legal trend is collaboration. Lawyers are eagerly embracing collaborative divorce as best for clients. Collaborative divorce attorneys in Austin help spouses settle on their particular terms. Through a series of meetings, spouses and their lawyers work through each issue, solve differences, and create an agreement. A collaborative divorce attorney in Austin can help couples to part ways as peacefully as possible.

## Why Collaborative Divorce?

Collaborative divorce has many benefits. It will cost less and takes much less time than litigation. It provides a constructive forum and encourages voluntary cooperation. The parties use a rational and objective process of resolution. A spouse's divorce attorney is targeted on resolving issues, not preparing for adversarial trial. For couples with children, collaboration led by a child custody lawyer Austin can ease family strife by attempting to keep parents motivated to go over issues without hostility and preferences of underage children might be considered. Ultimately, the divorcing parties make their very own decisions.

## What Exactly Is Resolved During a Collaborative Divorce?

All issues resolved in divorce litigation can be settled in collaborative divorce. A divorce attorney in Austin with training in collaboration will help the parties agree with the basic issues: support, child custody and visitation, division of property, and payment of marital debts. A couple might wish to simply separate, whereby a collaborative child custody lawyer in Austin can assist to make an agreement covering parental responsibilities, visitation rights, and control. The agreement may add unusual provisions relevant to the lifestyles of the parties, for example:

- Geographical relocation

- Conditions on ongoing support, like remarriage or job loss

- Sharing certain parental choices

- Unequal division of property

- Continued inheritance rights

## Is Collaborative Divorce for Everyone?

No. Both parties must want to participate. Collaborative divorce lawyers in Austin point out that it requires voluntary disclosures along with a level of trust. In aggressive or impasse situations, litigation might be necessary. A child custody lawyer in Austin or a divorce attorney in Austin may suggest collaboration, however the choice remains with the divorcing parties. If matters in collaboration go to litigation, the collaborative lawyers must pull out, the settlement discussions stay confidential, the divorcing parties hire new counsel, and the divorce process begins once again.




About the Author:



No comments: